Cole and Cole

In *Cole and Cole*, Johns J of the Federal Circuit Court of Australia made urgent interim orders on an ex parte basis at the application of the wife. The dispute concerned financial matters within a marriage, and the wife sought immediate orders to preserve assets and prevent the husband from leaving Australia.

The court was required to determine whether to grant interim injunctions restraining the husband from departing Australia and from dealing with specified assets, including shares in B Pty Ltd, proceeds from share sales, and proceeds from the sale of a motor vehicle. The court also considered the appropriate method for serving these orders and related documents on the husband and other relevant parties.

Johns J applied principles relating to the grant of ex parte injunctions, requiring the wife to demonstrate a strong prima facie case and the need for urgent relief to prevent irreparable harm. The court was satisfied that the circumstances warranted the making of interim orders without prior notice to the husband. The orders included restraining the husband from leaving Australia by placing his name on the Airport Watch List, and prohibiting him from selling, transferring, or otherwise dealing with specified shares, sale proceeds, and other assets. The court also directed the wife to serve the orders and supporting documents on the husband personally, his lawyer, and B Pty Ltd.