JAMES & HATEM

In the matter of *James & Hatem*, Bennett J of the Federal Circuit Court of Australia considered an application by the wife for leave to proceed out of time with her application for alteration of property interests. The dispute involved the preservation of assets pending the final determination of property settlement proceedings.

The court was required to determine whether to grant the wife leave to proceed with her property alteration application notwithstanding the expiry of relevant time limits. Further, the court considered the appropriate interim orders to preserve the parties' assets, including whether to grant an injunction restraining the husband from dealing with property. The court also addressed the husband's compliance with previous orders, including the provision of expert evidence regarding his mental health and capacity to conduct proceedings.

Bennett J granted the wife leave to proceed out of time and ordered that the final orders sought by the wife in her Initiating Application stand for the time being, subject to further particularisation. An injunction was granted restraining the husband from transferring or encumbering property, save for ordinary business dealings or provision for himself or the family. The court extended the time for the husband to comply with a previous order requiring him to serve expert evidence concerning his mental health. Directions were made for future court appearances and a case assessment conference, with costs reserved. Liberty was granted to the husband to seek variation of the injunction upon filing required documents.