Fowles and Fowles (No 5)

In the matter of *Fowles and Fowles (No 5)*, Bennett J of the Family Court of Australia considered an application by the wife for orders to restrain the husband from leaving Australia and to deliver up his passports pending the finalisation of financial proceedings.

The primary legal issue before the Court was whether to grant an injunction restraining the husband from departing the Commonwealth of Australia and to continue holding his passports in the Court's registry. The Court also addressed the procedure for the parties to make submissions regarding costs.

Bennett J granted the wife leave to make an oral application for the restraining orders. The Court reasoned that such orders were necessary to ensure the husband's presence within Australia for the conclusion of the financial proceedings. Consequently, the husband was restrained by injunction from departing Australia without further order, and his passports, previously deposited with the Court, were ordered to remain in the registry for safekeeping. The Court also established a detailed process for the parties to file written submissions concerning costs, including specific page limits and requirements for itemised costs, with a provision for oral submissions or clarification if sought.