Hawford and Hawford

In *Hawford and Hawford*, the applicant wife sought urgent interlocutory relief from Murphy J of the Family Court of Australia. The dispute concerned the potential dissipation of marital assets, specifically a Bayliner 26’ Cabin Boat, by the respondent husband. The wife applied for orders to restrain the husband from dealing with this asset and for directions regarding the service of documents and further proceedings.

The primary legal issue before the Court was whether to grant an ex parte injunction restraining the respondent from selling, encumbering, or disposing of the parties' interest in the specified boat. The Court also had to determine the appropriate procedural steps for the continuation of the proceedings, including abridging time for service and granting leave for amended applications.

Murphy J reasoned that the wife had established a sufficient case for the grant of an interlocutory injunction on an ex parte basis, given the risk of the asset being dissipated before the husband could be heard. The Court applied the principles governing the grant of such injunctions, requiring a demonstrated need for urgent protection of property. The Court made orders abridging time for service, granting the wife liberty to amend her application and affidavit, and restraining the husband from dealing with the boat. The matter was adjourned to the Judicial Duty List for further hearing.