Docarmo and Docarmo and Ors

In the matter of *Docarmo and Docarmo and Ors*, Carew J of the Federal Circuit Court of Australia considered an application by an applicant concerning financial matters and the conduct of the respondent. The dispute involved the respondent's alleged dealings with property and funds, including the proceeds from the sale of a property located at D Street, Suburb E in Queensland, and other funds held in Australian financial institutions. The applicant sought orders to protect these assets and to ensure the respondent's compliance with financial disclosure obligations.

The court was required to determine several key issues. These included whether the first and second named respondents should be removed as parties and if the third named respondent should be substituted as the sole respondent. Furthermore, the court had to consider whether to grant an injunction restraining the respondent from encumbering, charging, dealing with, or disposing of the parties' interests in specified property, including the proceeds of sale from the D Street, Suburb E property and funds held in Australian bank accounts, save for necessary living expenses. The court also had to decide on the necessity of an order requiring the respondent to provide a detailed accounting of monies received from property sales and to disclose the whereabouts of those funds. Finally, the court was asked to consider an injunction preventing the respondent from leaving the Commonwealth of Australia and to grant leave for the applicant to issue a subpoena to Company A Ltd.

Carew J reasoned that it was appropriate to remove the first and second named respondents and substitute the third named respondent as the sole respondent, reflecting the correct party to the proceedings. The court found that the circumstances warranted the imposition of significant injunctive relief to preserve assets. This included restraining the respondent from dealing with the proceeds of the D Street, Suburb E property and other funds, and requiring him to provide a full accounting of all monies received from property sales since November 2018, along with details of where these funds were deposited. The court also ordered that the respondent be restrained from leaving Australia and requested the Australian Federal Police to place his name on the Family Law Watchlist. Leave was granted to issue a subpoena to Company A Ltd for the production of documents.

The court ordered that the first and second named respondents be removed as parties and the third named respondent be substituted as the sole respondent. An injunction was issued restraining the respondent from encumbering, charging, dealing with, or disposing of the parties' interests in specified property, including the proceeds of sale from the D Street, Suburb E property and funds held in Australian financial institutions, except for sums necessary for day-to-day living expenses. The respondent was ordered to provide a written accounting of monies received from property sales and to disclose the whereabouts of these funds within seven business days. The respondent was also restrained from leaving the Commonwealth of Australia, with a request for his name to be placed on the Family Law Watchlist. Leave was granted to issue a subpoena to Company A Ltd. Service of the application and orders was to be effected by email, and the matter was adjourned for further hearing. Costs were reserved.