Knight & Alesi and Anor

In the matter of *Knight & Alesi*, Bryant CJ of the Family Court of Australia considered an ex parte application by the husband for urgent interlocutory relief. The husband sought leave to join the wife's mother as a third party to the proceedings. The dispute arose from the wife's concession that she had transferred significant monies to her mother, who subsequently transferred these funds to Greece. The husband sought orders for the repatriation of these funds to Australia and for an interim caveat to be lodged on property held by the wife's mother in Australia.

The court was required to determine whether to grant the husband leave to join the wife's mother as a third party to the family law property proceedings. Additionally, the court had to consider whether to grant interlocutory relief, specifically an injunction to restrain the third party from dealing with the funds and property, and an order for the repatriation of those funds. The court also needed to ensure that procedural fairness was accorded to the third party, despite the urgent and ex parte nature of the application.

Bryant CJ reasoned that the third party had received sufficient warning of the husband's application to join her, and therefore no injustice would arise from granting the application. The court treated the application for a caveat as an application for an injunction pursuant to section 114 of the Family Law Act 1975 (Cth) to restrain dealings with property pending further orders. Evidence indicated that the funds held by the third party in Greece constituted a substantial portion of the matrimonial asset pool and originated from the sale of the former matrimonial home. The third party had previously indicated an intention to return funds of a similar quantum. The court found that procedural fairness had been afforded to the third party, with liberty to apply to vary or set aside the orders on short notice.

The court ordered that the wife's mother be joined as a party to the proceedings. The husband was ordered to cause the third party to be served with the order. Upon the husband's undertaking to pay compensation for any losses incurred due to the injunction, the court ordered the third party to forthwith transfer a specific sum of money, plus accrued interest, to the trust account of the husband's solicitor, to be held pending further order. The third party was restrained from dealing with the proceeds of bank accounts holding these funds, and was ordered to provide copies of all relevant bank statements and account details. An injunction was also granted restraining the third party from dealing with property registered in her name. The husband was granted leave to notify the Registrar of Titles of Victoria of the injunction concerning the property. The application was adjourned, with liberty to the third party to apply to vary or set aside the orders on seven days' notice. The question of costs was reserved.