McDonald v Neffati

In *McDonald v Neffati*, the Federal Circuit and Family Court of Australia considered an application for an interlocutory Mareva injunction. The applicant sought to preserve assets pending the determination of a bankruptcy notice.

The central legal issue before the Court was whether the applicant had established a sufficient case for the grant of an ex parte Mareva injunction. This required the Court to assess whether there was a real risk that the respondent would dissipate assets, thereby frustrating the potential enforcement of the bankruptcy notice.

The Court applied the principles governing Mareva injunctions, which require the applicant to demonstrate a good arguable case on the merits of the underlying claim and a real risk of dissipation of assets. The Court considered the evidence presented by the applicant regarding the respondent's financial position and conduct.

The Court granted the interlocutory Mareva injunction, finding that the applicant had satisfied the necessary criteria. The orders were designed to prevent the respondent from dealing with specified assets pending further order of the Court.