Hunter and Hunter

The proceedings concerned an application by the wife for interlocutory relief in a family law matter before Stevenson J of the Federal Circuit and Family Court of Australia. The dispute centred on the husband's access to and use of funds held in a specific offset account, which was linked to a mortgage.

The primary legal issue before the Court was whether to grant an interlocutory injunction restraining the husband from dealing with the funds in the offset account, and mandating their use for mortgage repayments. This required the Court to consider the principles governing the grant of interlocutory relief in family law proceedings, particularly where there is a risk of dissipation of assets or prejudice to a party's interests in the matrimonial pool.

Stevenson J reasoned that the wife had established a sufficient case for the grant of interlocutory relief. The Court noted that the offset account was a significant asset and that the husband's unfettered access to it posed a risk to the wife's ability to secure her interests in the matrimonial property, particularly in relation to the secured debt. The Court applied the principles of interlocutory injunctions, requiring the applicant to demonstrate a serious question to be tried and that the balance of convenience favoured the granting of the injunction. The Court considered that preserving the status quo regarding the mortgage repayments and preventing the dissipation of funds was necessary to ensure that the matrimonial home was not jeopardised.

Pending further order, the husband was restrained from withdrawing or otherwise dealing with the money in the offset account, except for the purpose of meeting mortgage repayments as required by NAB/Homeside Lending. The husband was ordered to take all necessary steps to ensure these repayments were met from the offset account.