CHOPRA & CHOPRA

In the Family Court of Australia, Johns J considered applications by both the husband and the wife. The husband sought to review two decisions of a Registrar: one refusing to abridge his application, and another ordering the parties to attend appointments with a family consultant concerning interim parenting orders for their children, who were nearing the age of majority. The wife sought injunctions restraining the husband from further drawing on a joint loan account and from disposing of moneys he had already withdrawn, which represented approximately half of the parties' assets.

The court was required to determine whether the husband's applications to review the Registrar's decisions had any utility, particularly in light of the limited evidence before the court regarding the children's views on parenting arrangements. Additionally, the court had to assess whether the injunctions sought by the wife were necessary to prevent the dissipation of assets and to preserve the marital estate pending final resolution.

Johns J dismissed the husband's applications to review the Registrar's decisions, finding no utility in reviewing the refusal to abridge his application and noting that independent evidence would assist in assessing the interim parenting applications, thus upholding the Registrar's direction for family consultant appointments. Regarding the wife's application, the court found that the husband had conceded withdrawing a significant sum from the joint loan account and had failed to disclose its application. Satisfied that the injunctions were necessary and that there was a clear risk of property disposal to defeat a judgment, the court made orders as sought by the wife.

The court ordered the husband to repay the withdrawn sum of $1,140,000 into the joint loan account, with provisions for disclosure of the sum's use if repayment was not made by a specified date. The husband was also restrained from further encumbering assets, drawing from the joint loan account or other accounts, or disposing of the withdrawn sum, save for specified living expenses and mortgage repayments. By consent, the wife was similarly restrained from drawing from joint accounts, except for living expenses and mortgage repayments. Further orders required the husband to provide his accountant with authority to release documents relating to the withdrawn sum and his financial affairs, and to disclose trust deed details and distributions. The wife was granted leave to issue a subpoena to the husband's brother. The wife's costs were fixed and reserved, and outstanding interim parenting applications were adjourned.