Cabelo and Cabelo

In the matter of *Cabelo and Cabelo*, heard by Macmillan J, the dispute concerned applications for restraining orders against the husband. The wife sought orders to prevent the husband from dealing with certain assets and incurring further debt, both personally and in his capacity as an officeholder of any company.

The court was required to determine whether to grant further restraining orders against the husband. Specifically, the issues included whether the husband should be restrained from selling, encumbering, or otherwise altering his interests in real estate or water licenses, and from entering into or extending loan facilities or borrowing funds, except in the ordinary course of business. The court also considered whether the husband should be restrained from transactions that would create or increase indebtedness in favour of himself or entities in which he holds an interest.

Macmillan J applied principles relating to the preservation of assets in family law proceedings. The court ordered that the husband be restrained from selling, encumbering, or otherwise altering his interests in any other real estate or water licenses without the wife's prior written consent. Furthermore, the husband was restrained from entering into or extending any loan facility or borrowing funds, personally or as an officeholder, except in the ordinary course of business, with specific exclusions for capital works, improvements, development, and plant/equipment purchases exceeding $5,000. The husband was also restrained from entering into transactions that would create or increase indebtedness in his favour or in favour of entities in which he holds an interest. The court also made directions regarding the filing and service of written submissions concerning costs.