Bramaer and Bramaer

In the Family Court of Australia, Cronin J heard an urgent application brought by the wife against the husband and a second respondent. The dispute concerned the husband's financial assets, specifically funds held in various term deposit accounts with HSBC Banking Australia Limited. The wife sought immediate orders to prevent the dissipation of these funds.

The primary legal issues before the court were whether to grant urgent interlocutory injunctions restraining the husband from dealing with his HSBC accounts and restraining HSBC from permitting such dealings. The court also considered the appropriate method of service of the proceedings and orders on the husband and HSBC, given the urgency and the need to prevent the husband from dissipating assets before he could be formally notified.

Cronin J applied principles relating to the grant of urgent injunctive relief in family law proceedings, particularly where there is a risk of asset dissipation. The court found it necessary to abridge time and hear the application without prior notice to the husband and the second respondent due to the urgency and the potential for the husband to dispose of the funds. The court ordered that the husband be restrained from withdrawing, transferring, closing, dissipating, or alienating funds in specified HSBC accounts, and that HSBC be restrained from permitting any such actions by the husband. The court also made orders for substituted service on the husband by email and for service on HSBC.

The further hearing of the application concerning the husband and the second respondent was adjourned to a later date. Liberty was granted to HSBC to apply for further orders on notice. The costs of the wife for the day were reserved.