Meeks and Meeks and Anor

In the Federal Circuit Court of Australia, Judge Brown considered an application by the Husband for an interim injunction to restrain the Wife from dealing with a discretionary trust. The Husband sought this injunction to maintain the status quo of the parties' assets pending final property proceedings.

The primary legal issue before the Court was whether to grant the interim injunction sought by the Husband. This required the Court to consider the principles applicable to Mareva or asset protection injunctions, specifically whether it was just and convenient to grant such an order and to assess the balance of convenience, including the risk of asset dissipation.

Judge Brown dismissed the Husband's application for interim orders. The Court did not find sufficient grounds to grant the injunction, implying that the threshold for demonstrating a risk of dissipation or the necessity of maintaining the status quo through such an order was not met. The Court then made various procedural orders, including dismissing the application for interim orders, setting a timeframe for costs applications by the respondents, directing the parties to attend a conciliation conference, and outlining requirements for the exchange of financial information and discovery. Further consideration of the matter was adjourned.