McDonnell and McDonnell

In the matter of McDonnell, the applicant wife sought orders from the Family Court of Australia restraining the respondent husband from departing the Commonwealth and from disposing of or spending the proceeds of sale of the former matrimonial home. The wife appeared in person and was unable to serve the husband with the applications and supporting documents as she did not know his current whereabouts. The parties had separated in April 2006 after a marriage of nine years, and there was one child of the marriage who resided with the wife.

The court was required to determine whether to grant ex parte injunctions restraining the husband's departure from Australia and the dissipation of matrimonial assets, despite the husband not having been served with the applications. The court also needed to consider the wife's undertaking for any damages arising from the injunctions and the husband's obligation to account for the proceeds of sale of the former matrimonial home.

Justice Young, applying principles of equity and procedural fairness, granted the ex parte orders. His Honour noted that the wife had provided an undertaking to be responsible for any proven damages resulting from the injunctions, a standard requirement in such circumstances. The court ordered that the husband be restrained from leaving Australia and that his name be placed on an airport watch list. Furthermore, the husband was restrained from disposing of, gifting, or spending the net proceeds of sale of the former matrimonial home and was ordered to provide a full accounting of these monies. The court also directed the wife to effect proper service on the husband and adjourned the further hearing of the wife's applications, requiring both parties to attend.