Laws and Laws & Anor

The proceedings before Tree J involved a dispute between a husband and wife concerning property division and parenting orders. The wife sought an injunction under s 106B of the *Family Law Act 1975* (Cth) to restrain the husband's brother, Mr H Laws, from dealing with certain shares transferred to him by the husband, alleging the transfer was intended to defeat the wife's claims. The husband sought to have the proceedings transferred to the Federal Circuit Court, while also seeking orders for the wife to vacate the matrimonial home. The husband also asserted that no substantial parenting matters remained in dispute.

The court was required to determine whether to grant the wife's application for an injunction against Mr H Laws, considering the criteria for interlocutory relief, including whether there was a serious question to be tried and the balance of convenience. The court also had to consider the husband's application for the transfer of proceedings and the wife's claims regarding the matrimonial home and parenting orders. The question of whether damages would be an adequate remedy for the wife's claim under s 106B was also central to the injunction application.

Tree J granted the injunctions restraining Mr H Laws from selling, disposing of, transferring, or altering the rights attached to 45 ordinary shares in I Pty Ltd, pending further order or agreement. The court reasoned that the wife had demonstrated a serious question to be tried regarding the purpose of the share transfer and that the balance of convenience favoured the grant of the injunction, as damages were not considered an adequate remedy under s 106B. The court retained the matter in the Family Court of Australia, noting the complexity introduced by the s 106B claim. The husband's application to have the wife vacate the matrimonial home was not determined, with the court noting it was a matter of commercial judgment for the bank. The husband's assertion that no substantial parenting matters remained in dispute was also not accepted, with the court deeming it premature to make orders on that basis.