Graham and Graham

In the Family Court of Australia, Ms Graham (the applicant wife) sought urgent ex parte limited injunctions against Mr Graham (the respondent husband). The dispute concerned the husband's alleged dealings with monies in a specific ING Direct savings account. The matter was heard by Young J on 27 October 2011.

The primary legal issue before the court was whether to grant an urgent, limited, ex parte injunction restraining the husband from accessing or dealing with funds in the specified bank account. This required the court to consider the criteria for making such orders in circumstances where only one party was present and had presented their case.

Justice Young granted the injunction on an ex parte basis until 5.00 p.m. on Monday, 31 October 2011. This decision was made upon the wife's undertaking, through her counsel, to pay any loss or damage properly incurred by the husband as a direct result of the orders. The court was satisfied, after reviewing the affidavits and annexures, that the circumstances warranted the limited restraint on the husband's access to the ING Direct account. The court also ordered service of the order and adjourned the matter for further hearing.