Francis and Francis

In the matter of *Francis and Francis*, Stevenson J considered an application by the wife for interim orders pending the determination of an appeal. The dispute concerned the husband's disposition and encumbrance of certain assets, namely land at T, Queensland, and his shares in E Holdings Pty Limited.

The primary legal issues before the court were whether to grant a stay of a previous order and whether to impose interim injunctions restraining the husband from disposing of or borrowing against the specified assets. These orders were sought to preserve the status quo pending the outcome of the appeal.

Stevenson J reasoned that the wife had established a sufficient case for the grant of interim relief. The court applied the principles governing the grant of interlocutory injunctions, requiring the applicant to demonstrate a serious question to be tried and that the balance of convenience favoured the granting of the injunction. The judge considered the potential for dissipation of assets and the need to protect the wife's interests in the matrimonial property.

The court ordered that paragraph 9 of the previous orders of 2 March 2007 be stayed pending the determination of the appeal. Furthermore, the husband was restrained from disposing of the land at T, Queensland, and his shares in E Holdings Pty Limited without first providing 28 days' written notice to the wife. He was also restrained from borrowing against these assets in a manner that would reduce the combined equity below $160,000.