MARING & MARING

[2020] FCCA 2915

FEDERAL CIRCUIT COURT OF AUSTRALIA

MARING & MARING [2020] FCCA 2915

Catchwords:
FAMILY LAW – Application by husband for interim orders that he be solely entitled to manage and operate a business to the exclusion of the wife – application dismissed.

Legislation:

Family Law Act 1975 (Cth)

Cases cited:

Tsiang & Wu & Ors [2019] FLC 93-911

Lesley & Lesley [2015] FamCA 894
Sieling and Sieling (1979) FLC 90-627

Applicant: MR MARING

Respondent: MS MARING

File Number: LNC 573 of 2020

Judgment of: Judge McGuire

Hearing date: 21 October 2020

Date of Last Submission: 21 October 2020

Delivered at: Hobart

Delivered on: 5 November 2020

REPRESENTATION

Counsel for the Applicant: Mr M Trezise

Solicitors for the Applicant: Rae & Partners

Counsel for the Respondent: Mr M Turnbull

Solicitors for the Respondent: Bishops

ORDERS

1. That the husband’s application for injunctive orders be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Maring & Maring is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT LAUNCESTON

LNC 573 of 2020

MR MARING

Applicant

And

MS MARING

Respondent

REASONS FOR JUDGMENT

Applications

1. The wife commenced parenting proceedings in an initiating application filed 20 August 2020. The husband’s Response filed 28 September 2020 seeks financial orders. In that Response he asks for interlocutory/injunctive orders which would effectively remove the wife from and give him sole management in the interim of the parties business known as [A Pty Ltd] which operates under a company umbrella A Pty Ltd for the Maring Family Trust and Maring Pty Ltd. Specifically he seeks the following orders:

   1.Until further order, the wife be restrained by injunction from:

   (a)participating in the management or operation of the relevant entities which are associated with the commercial activities of the business known as “A Pty Ltd” and, without limitation, A Pty Ltd for the Maring Family Trust and Maring Pty Ltd;

   (b)changing any passwords or access codes for any email account, server facilities, bank facilities other commercial facilities associated with A Pty Ltd;

   (c)doing any act which interferes in, disrupts or adversely impacts upon the husband’s efforts to operate and/or to sell A Pty Ltd.

   2.The husband will account to the wife on a monthly basis as to the management and operation of A Pty Ltd by the provision of a profit and loss statement to her legal practitioners by the seventh day of each month from the date of this order.

   3.Within seven (7) days the wife must provide to the husband a photocopy of the Pink password book and return to the husband all equipment in her possession belong to A Pty Ltd, save and except motor vehicle B.

2. The application is opposed.

3. Both parties are represented, have filed affidavit material, and the matter proceeded by way of submissions without sworn evidence in the Federal Circuit Court at Launceston on 21 October 2020.

4. The husband is the sole director of the company, A Pty…