Deanes and Coopers

In *Deanes and Coopers*, Dessau J of the Family Court of Australia considered an application by the wife for urgent injunctive relief concerning assets held by a family trust and a related company. The dispute arose in the context of family law proceedings, with the wife seeking to preserve assets pending final determination of property matters.

The court was required to determine whether to grant injunctions restraining the husband from dealing with trust assets, resigning as a director of the trustee company, appointing additional directors, relinquishing his powers as appointor or guardian of the trust, or varying the trust terms. Additionally, the court considered whether to order the husband to take steps to reinstate the wife as a joint signatory to the trust account and to complete outstanding tax returns and reinstate insurance payments.

Dessau J granted significant injunctive relief, restraining the husband from disposing of or encumbering trust assets, including funds in a specific investment account. The husband was also restrained from resigning as director, appointing new directors, or altering the trust's terms. Crucially, the husband was ordered to take all necessary steps to reinstate the wife as a joint signatory to the trust account, ensuring joint operation of the account. The court also ordered the husband to complete outstanding tax returns and reinstate income protection insurance. A specific provision allowed for the withdrawal of $100,000 from the trust account, to be divided equally between the parties' solicitors, with the ultimate allocation to be determined by the trial judge. The court also ordered the husband to pay the wife's costs of the application.