GROHL & ACLAND

[2019] FamCA 261

FAMILY COURT OF AUSTRALIA

GROHL & ACLAND [2019] FamCA 261

FAMILY LAW – PRACTICE AND PROCEDURE – INJUNCTIONS AS TO PROPERTY – Where application for injunctions and ancillary orders restraining husband from dealing with property – Where previous order made by consent that the husband give six weeks’ notice of any intention to deal with the property – Discussion of applicable principles – Where no proper basis for injunction – Where previous orders continued.

Family Law Act 1975 (Cth) ss  90RD, 114 

Martin & Martin and Ors [2013] FamCA 222
Waugh & Waugh [2000] FamCA 1183

APPLICANT: Ms Grohl

RESPONDENT: Mr Acland

FILE NUMBER: WOC 692 of 2016

DATE DELIVERED: 26 April 2019

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 15 April 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Dart

SOLICITOR FOR THE APPLICANT: Sydney Family Law Specialists Pty Ltd

COUNSEL FOR THE RESPONDENT: Mr Givney

SOLICITOR FOR THE RESPONDENT: Apex Legal

Orders

1. That, pending further order, in the event the respondent husband seeks to sell, transfer, assign, encumber or otherwise deal with or dispose of in any manner his interest in Property E in the state of New South Wales he shall provide the applicant wife with not less than six weeks’ notice in writing of such intention together with:

   (a)      The full details and particulars of such intended dealing;

   (b)      Documents to verify the intended dealing; and

   (c)Such other information related to the intended dealing as is reasonably requested by the applicant.

2. Liberty to either party to apply on short notice as to implementation or enforcement of the above order.

3. That, otherwise, the Application in a Case filed 17 January 2019 be dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Grohl & Acland has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: WOC 692  of 2016

Ms Grohl

Applicant

And

Mr Acland

Respondent

REASONS FOR JUDGMENT

1. In the context of ongoing de facto property proceedings there arises a discrete issue for disposition.

2. On 17 January 2019 the de facto wife, the applicant in the primary proceedings, filed an Application in a Case seeking various injunctive and other orders relating to the de facto respondent husband’s interest in Property E, New South Wales. 

3. In summary, the wife sought orders as follows:

   a)that the respondent be restrained from selling, transferring, encumbering, assigning or, otherwise, dealing with or disposing of in any manner his interest in the subject property without first obtaining the written consent of…