Jacobs and Jacobs

In the Family Court of Australia, Kent J made urgent orders in an application brought by Ms Jacobs against Mr Jacobs and two other respondents, Mr A Jacobs and Ms B Jacobs. The dispute concerned the potential sale or disposal of interests in a significant number of entities, including various trusts and private companies, and the proper handling of any proceeds arising from such transactions. The application was heard urgently and ex parte, indicating that the court was making interim orders without hearing from all parties at that initial stage.

The court was required to determine the immediate steps necessary to preserve assets and ensure transparency regarding any transactions involving the specified entities. Key issues included whether to restrain the disposal of assets, how to manage any funds received from such disposals, and the joinder of additional parties to the proceedings. The court also needed to consider the provision of information to the applicant regarding past and proposed dealings with these assets.

Kent J applied principles relating to the preservation of property in family law proceedings, particularly where there is a risk of dissipation of assets. The orders made were designed to prevent Mr Jacobs and the newly joined respondents from dealing with assets in a way that could prejudice the applicant's claims. This included restraining the transfer or distribution of proceeds from any sale or alienation of interests in the listed entities and requiring such monies to be held in a solicitor's trust account pending further order. The court also appointed the Registrar or Deputy Registrar to execute documents if a party failed to comply with the orders, and reserved costs.