Hemswold and Hemswold

In the matter of *Hemswold and Hemswold*, Gill J of the Family Court of Australia considered an application by the Wife seeking interlocutory injunctive relief against the Husband and two other respondents. The dispute concerned the potential dissipation of marital assets by the Husband, specifically funds held in two separate trust accounts.

The primary legal issues before the court were whether to grant interim orders restraining the Husband from dealing with specific sums of money held in the B Trust Business Cash Reserve Trust and a Westpac account, and the conditions upon which such orders should be made. The court also addressed the procedural requirements for the filing of responses and affidavits by the parties in relation to these interlocutory matters.

Gill J ordered that the Husband be restrained from dealing with $1 million in the B Trust Business Cash Reserve Trust and $495,000 in a Westpac account. These restraints were made contingent upon the Wife filing an undertaking as to damages in the Canberra Registry of the Family Court of Australia by 4 pm on the day of the hearing. The court further directed the Second and Third Respondents to file and serve their responses and consolidated affidavits by 4 pm on 3 April 2020, and the Husband to file and serve his response and consolidated affidavit by 4 pm on 6 April 2020.