Johanson & Johanson (No 2)

[2022] FedCFamC1F 1053

Federal Circuit and Family Court of Australia

(DIVISION 1)

Johanson & Johanson (No 2) [2022] FedCFamC1F 1053

File number(s):

BRC 6694 of 2017

Judgment of:

BAUMANN J

Date of judgment:

22 December 2022

Catchwords:

FAMILY LAW – PROPERTY – INTERIM – Injunctions

Legislation:

Family Law Act 1975 (Cth)

Cases cited:

Johanson & Johanson [2021] FamCA 609

Johanson & Johanson [2021] FedCFamC1F 148

Johanson & Johanson [2022] FedCFamC1A 74

Patton & Patton [2015] FamCA 1083

Tsiang & Wu & Ors (2019) FLC 93-911

Division:

Division 1 First Instance

Number of paragraphs:

15

Date of hearing:

11 October 2022

Place:

Brisbane

Counsel for the Applicant:

Ms Minnery

Solicitor for the Applicant:

Naughton McCarthy Family Lawyers

Counsel for the First Respondent:

Mr Coulsen

Solicitor for the First Respondent:

Morgan Mac Lawyers

Counsel for the Second Respondent:

Mr Gordon

Solicitor for the Second Respondent:

Wilsons The Family Lawyers

ORDERS

BRC 6694 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS JOHANSON

Applicant

AND:

MR JOHANSON

First Respondent

MS R

Second Respondent

order made by:	BAUMANN J
DATE OF ORDER:	22 DECEMBER 2022

THE COURT ORDERS:

1.That until further order, Mr Johanson be restrained by injunction from selling, disposing of, encumbering, further encumbering or in any way dealing with the property situated at P Street, Suburb Q, in the State of Queensland (“the Suburb Q property”).

2.That pending further order the First Respondent be restrained by injunction from doing any act or thing to cause any of the following to occur without the written consent of the Applicant or by order of the Court:

(a)Causing any payments to be made by S Pty Ltd to the First Respondent or anyone acting on his behalf, except for recept payments of dividends or reimbursement of expenses due to the First Respondent and paid by S Pty Ltd;

(b)Causing any payments to be made from the First Respondent’s United Kingdom bank account to the First Respondent or anyone acting on his behalf except that direct debits may continue to occur pursuant to direct debit arrangements in place as at the date of this Order.

3.That the Second Respondent (in any capacity) be restrained by injunction to not transfer or deal with in any manner any funds held in the following accounts:

(a)T Bank term deposit account number …43;

(b)T Bank term deposit account number …51; and

(c)V Bank account number …19.

4.That the First Respondent and/or Second Respondent forthwith cause to be paid to his solicitors’ trust account all of the proceeds of sale of his sixty (60) ordinary shares in S Pty Ltd and any other money received by from S Pty Ltd (including dividends) (whether received prior to after the date of this Order) with such monies to then be held and not disbursed without the written consent of the Applicant or order of the Court.

5.That otherwise the Application in a Proceeding filed 15 June 2022 be dismissed.

6.That the costs of the parties are reserved to the trial to commence…