Broxham and Broxham & Ors

FAMILY COURT OF AUSTRALIA

BROXHAM & BROXHAM AND ORS [2012] FamCA 775

FAMILY LAW – INJUNCTIONS – Mareva – where orders were made by consent in the New South Wales Supreme Court the effect of which was the appointment of statutory trustees to sell a property and distribute the proceeds in the proportion of 50 per cent to the applicant and second respondent and 50 per cent to the second and third respondents – where the wife now seeks an order in this Court injuncting the parties from receiving the proceeds of sale in accordance with the consent orders – where the wife contends that the whole of the property, and the proceeds of sale thereof, should form part of the pool in the s 79 proceedings between herself and the first respondent – whether the wife has established a prima facie case – whether balance of convenience favours the granting of the injunction – whether there is a risk that the third parties will dissipate assets that may form part of the property pool in the s 79 proceedings between the husband and wife – where prima facie case made out – where the wife failed to demonstrate a risk that the third parties would dissipate assets – where the balance of convenience does not favour granting the injunction – where the application for injunction dismissed.

FAMILY LAW – INJUNCTIONS – Jurisdiction and generally – where the wife also seeks an injunction restraining third parties from enforcing a costs order made by consent in the New South Wales Supreme Court – where the wife has not applied to stay or alter the costs order in that court – whether this Court has the jurisdiction to make an order restraining third parties from enforcing a costs order made in a different court, in entirely different proceedings – consideration of ss 90AF and 114, Family Law Act 1975 (Cth) – where this Court could not be satisfied that the granting of the injunction, is reasonably necessary, or reasonably appropriate and adapted, to effect a division of property between the parties to the marriage – where there is no nexus between the costs order and the s 79 proceedings – where no jurisdiction to grant the injunction sought.

Conveyancing Act 1919 (NSW)
Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth)

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