Kingsley & Kendle & Ors

In the matter of *Kingsley & Kendle & Ors*, Le Poer Trench J considered an application involving a wife, a husband's bankrupt estate, and a company, M Limited, to which the husband owed a debt. The proceedings concerned the wife's financial position and her assets, particularly a property at C in New South Wales, which was the former matrimonial home. The application also involved an application by the husband's parents for leave to intervene.

The court was required to determine several issues, including whether to restrain the legal representatives of the husband's trustee in bankruptcy from acting further in the proceedings, whether to grant leave to the husband's parents to intervene, and whether to restrain M Limited from taking further proceedings against the wife to recover its debt. Additionally, the court had to consider the wife's undertaking to the court and the need for her to file a financial statement, as well as whether to restrain the wife from further encumbering her interest in the former matrimonial home.

Le Poer Trench J applied principles relating to the proper conduct of legal representatives in bankruptcy proceedings and the court's power to grant leave for intervention and to issue injunctions under section 90AF of the *Family Law Act 1975* (Cth). The court reasoned that it was necessary to restrain Eddy Neumann Lawyers from acting for the trustee to avoid any conflict of interest or appearance of impropriety. Leave was granted for the husband's parents to intervene, recognising their potential interest in the proceedings. The court also imposed a restraint on M Limited from pursuing the wife for her debt, pending further order, while allowing M Limited to apply to set aside this order under specific circumstances. The wife's undertaking was continued, and she was ordered to file a financial statement and was restrained from encumbering her interest in the former matrimonial home.