Daniels and Findlay

In *Daniels & Findlay* [2012] FamCA 406, the Family Court of Australia considered an application by Mr Daniels (the husband) seeking to finalise property orders made in 2010. Ms Findlay (the wife) was unrepresented throughout the proceedings and had previously been found to have acted dishonestly and obstructively. The core of the dispute involved the disbursement of approximately $250,000 held in a term deposit in the name of A-P Pty Ltd, the trustee of the parties' superannuation fund, which was the final outstanding step to conclude the property settlement.

The legal issues before the Court included whether to grant an injunction restraining the wife from altering company details or dealing with specific bank accounts, and the release of subpoenaed bank material. The husband sought orders to facilitate the withdrawal of funds from the Westpac account, including restraining the wife from hindering the accountants responsible for implementing the orders. The wife, in response, sought dismissal of the husband's applications, a stay of all orders pending a Full Court decision on the accountants' role, and various other orders, including the declaration of the husband as vexatious.

Justice Dessau applied principles relating to the enforcement of court orders and the granting of injunctions. The Court noted the wife's consistent obstruction and her demonstrated unwillingness to cooperate with the final property orders. Considering the wife's past conduct and the ongoing impediments to finalising the matter, the Court was satisfied that an injunction was appropriate to restrain her from making changes to A-P Pty Ltd's registered details or interfering with the funds in the specified Westpac account. The Court also addressed the wife's application for a stay, finding it to be without merit and too late, given her history of delaying the proceedings.

The Court ordered that the wife, by herself or her servants or agents, be restrained from directly or indirectly making or attempting to make any change to the shareholders, directors, secretary, addresses, or any other office bearers or registered details of A-P Pty Ltd, and from interfering with or moving monies or providing directions to Westpac Bank in relation to the specified account, save for an order of the Court or direction from N Firm Accountants. All questions of costs were reserved, and existing applications were adjourned for argument on the release of subpoenaed material from Westpac Bank.