Celanta and Yarkienes and Ors

This matter came before Judicial Registrar Loughnan concerning an application by the wife for further orders in family law proceedings. The dispute involved allegations of the husband attempting to avoid service and taking no part in the proceedings, despite having notice of them. The wife sought various injunctive and procedural orders, including the addition of two companies as respondents and orders restraining dealings with company assets and trust property.

The court was required to determine whether to grant the wife's application for interim and procedural orders, including the addition of D Pty Limited and B Pty Ltd as respondents, and to grant injunctions restraining various actions by the respondents concerning companies and trusts. The court also considered the wife's application for orders relating to a company, M Pty Ltd, and the husband's conduct in relation to Supreme Court proceedings concerning that company. Further issues included the payment of costs, spousal maintenance, and the provision of financial information.

Judicial Registrar Loughnan applied principles of family law procedure and the court's power to make interim orders to preserve assets and ensure the proper conduct of proceedings. The court made orders adding D Pty Limited and B Pty Ltd as respondents and granted injunctions restraining dealings with company assets and trust property, as well as orders for the reinstatement of the wife as director and secretary of certain companies and the transfer of shares. The court also ordered the husband to pay $100,000 towards the wife's costs, to pay spousal maintenance, and to provide access to company financial records. Notably, the court deferred making orders in relation to M Pty Ltd as a matter of comity with the Supreme Court of New South Wales, despite the husband's apparent avoidance of service.

The proceedings were adjourned to a Judicial Registrar’s Call-over on 6 May 2009. The court reserved the costs of the wife. Leave was granted to any party affected by the orders to restore the proceedings to the list, with specific requirements for the husband if he exercised this leave. Leave was also granted to the wife to request the issue of subpoenas.