Becker and Vale

In the Family Court of Australia, Justice Baumann considered an application by the Applicant against the Respondent, who acted as director of D Pty Ltd and trustee for The Vale Family Trust. The dispute concerned alleged damages arising from the removal of fixtures by the Respondent or his agents from a property, Unit 2 P Street, Q Town, and the Applicant sought injunctions to restrain the Respondent from disposing of or dealing with certain assets.

The court was required to determine whether to grant interim injunctions restraining the Respondent from disposing of Unit 1 P Street, Q Town, and from dealing with his interests in D Pty Ltd and The Vale Family Trust. Additionally, the court needed to consider the terms upon which such injunctions would be granted, including the requirement for an undertaking as to damages from the Applicant, and the practical steps necessary to give effect to the orders, particularly given the Respondent's impending overseas travel.

Justice Baumann ordered that the Applicant file an undertaking to meet any damages assessed by the Court arising from the injunctions. The court granted injunctions restraining the Respondent from disposing of Unit 1 P Street, Q Town, and from dealing with his interests in D Pty Ltd and The Vale Family Trust, including transferring, encumbering, or resigning from any position within these entities. To secure the Applicant's claim, a Consent Caveat was to be lodged against Unit 1 P Street, Q Town, with a Registrar of the Court appointed to execute it on behalf of the Respondent due to his travel. The court also directed the Respondent to file a response to the application and adjourned the proceedings for a case management hearing.