Cornish & Cornish (No. 2)

In the matter of *Cornish & Cornish (No. 2)*, Bennett J of the Family Court of Australia considered applications by both the husband and wife. The wife sought urgent injunctive relief concerning her serious cancer diagnosis and its disclosure, as well as orders relating to their child. The husband sought a variation to spousal support orders and costs. The parties had a history of extensive litigation in both the Family Court and state courts.

The court was required to determine several key issues. These included whether to grant an injunction restraining the husband from discussing the wife's medical condition and prognosis with any person, including their child, and from issuing subpoenas to her medical practitioners without leave. The court also had to consider the wife's proposal to delay informing their ten-year-old daughter about her condition not being in remission until after Christmas. Furthermore, the court needed to assess the husband's application for a variation of spousal support orders, considering the evidence of changed circumstances, and determine the husband's claim for costs allegedly thrown away.

Bennett J granted an interim injunction restraining the husband from discussing the wife's health and treatment with most individuals, with specific exceptions for his legal representatives, the child's treating psychologist, and a mediator. The court also ordered that the husband be prevented from issuing subpoenas to the wife's medical practitioners without judicial leave. The wife was permitted to delay informing their daughter of her condition until after Christmas, with a requirement to promptly inform the husband once she had done so. The husband's application to vary spousal support was dismissed due to insufficient evidence of changed circumstances, though he was granted liberty to apply at the final hearing for spousal maintenance paid henceforth to be retained by the wife for her own use. The husband's application for costs was also refused. The court also made orders for the independent representation of the child's interests.