Battersby and Battersby

In the matter of *Battersby and Battersby*, heard before Cronin J, the wife sought urgent interlocutory relief in the absence of notice to the husband. The dispute concerned the husband's receipt of funds in the sum of $231,687, which were due to J Pty Ltd.

The primary legal issue before the court was whether to grant an urgent injunction restraining the husband from disbursing these funds and ordering their payment into trust. The court was also required to determine the terms of service of the application and the orders made.

Cronin J reasoned that the circumstances warranted the granting of urgent relief. The court ordered that the husband be restrained from disbursing the cheque for $231,687, save as provided by the subsequent order. The husband was further ordered to forthwith pay the entire sum to the wife's solicitor, to be held on trust for J Pty Ltd until further order. The court also made specific directions regarding the service of the order and application on the husband, to be effected through his solicitors. The wife's costs of this application were reserved to the adjourned date.