H & H

The Full Court of the Family Court of Australia heard an appeal concerning an interlocutory injunction granted by Penny J. The dispute involved a husband, a stockbroker, who was restrained from day trading on his own account pending the final determination of proceedings. The wife had sought this injunction.

The central legal issue before the Full Court was whether the interlocutory injunction restraining the husband from day trading was appropriate. Specifically, the court had to consider the circumstances under which a party to family law proceedings should be enjoined from conducting their normal business affairs pending suit, and whether the husband's trading history and the potential impact on his asset pool justified such a restraint.

The Full Court reasoned that an interlocutory injunction restraining a party from conducting their normal affairs should only be granted if the failure to impose such a restraint is likely to seriously interfere with the proper adjudication of the competing claims and the meeting of entitlements. In this instance, the court found that the husband's trading history did not jeopardise a substantial asset pool to the extent that it would impede the proper resolution of the proceedings or the satisfaction of any future orders. Consequently, the Full Court allowed the appeal, set aside the interlocutory orders made by Penny J, and dismissed the wife's application for the injunction.