May and Jonas and Ors

In the Family Court of Australia, Ms May (the applicant) sought to vary an earlier injunction requiring the investment of sale proceeds from a property. The dispute involved Ms May and her de facto husband, Mr Jonas (the first respondent), as well as Mr B and B Pty Ltd (the second and third respondents), concerning the division of property. The court also considered an oral application by Ms May to adjourn the final hearing of the property dispute.

The court was required to determine whether to grant leave for Ms May to make an oral application to vary the existing injunction regarding the investment of sale proceeds. It also needed to decide whether to grant an adjournment of the final hearing, which was scheduled to commence on 10 July 2012, pending the outcome of related proceedings in the County Court. Furthermore, the court had to consider the filing and service of amended applications and evidence by all parties.

Justice Bennett granted leave for the oral application to vary the injunction, noting that the second and third respondents opposed the application but provided no evidence. The court ordered that the proceeds of sale of the property, approximately $256,752, be invested in an interest-bearing account in the name of the wife's solicitors, to abide further order of the court. This variation was deemed proper, just, convenient, and reasonably necessary. The court also granted the adjournment of the final hearing, setting it down for 21 November 2012, due to the pending County Court proceedings between Ms May and the Australian Taxation Office, which were relevant to Ms May's claim for indemnity from Mr Jonas. The court extended timeframes for the filing of evidence and amended applications by all parties.