McConvill v Legal Profession Board of Tasmania

The Full Court of the Family Court of Australia considered an appeal concerning an interlocutory injunction. The appellant, McConvill, sought to appeal an order made by the Legal Profession Board of Tasmania. The central dispute revolved around whether an asset preservation order, initially made by the Federal Circuit Court of Australia, remained in effect after the proceedings were transferred to the Family Court of Australia.

The primary legal issue before the Full Court was whether the transfer of proceedings from the Federal Circuit Court to the Family Court automatically extinguished any interlocutory injunctions, specifically an asset preservation order, that were in place at the time of transfer. The Court was required to determine the legal effect of such a transfer on existing court orders.

The Court reasoned that the *Family Law Act 1975* (Cth) and the *Federal Circuit and Family Court of Australia Act 2021* (Cth) provided a legislative framework for the transfer of proceedings and the continuation of existing orders. The Court held that the intention of the legislation was to ensure the continuity of judicial processes and the effectiveness of court orders, even across different divisions or courts. Therefore, an interlocutory injunction made by the Federal Circuit Court did not cease to have effect upon the transfer of proceedings to the Family Court. The Court applied the principle that legislative provisions governing the transfer of proceedings should be interpreted to maintain the integrity and efficacy of court orders.

The appeal was allowed, and the interlocutory injunction was continued.