Munoz and Xavier and Ors

The proceedings before Loughnan J involved a dispute between Mr. Munoz (the husband) and Ms. Xavier (the wife), and Xavier Pty Limited as trustee for the C Pty Limited Pension Fund. The core of the dispute concerned the net proceeds of sale of a property and certain artworks owned by the Pension Fund.

The primary legal issue before the Court was the appropriate interim orders to be made to preserve the assets in question pending further determination of the substantive dispute. This involved considering whether to restrain the disbursement of the net proceeds of sale and the artworks, and under what conditions.

Loughnan J, of the Court's own motion, ordered that the wife and Xavier Pty Limited be restrained from disbursing the net proceeds of sale of the property and any artworks owned by the Pension Fund. These funds were to be paid into a specified National Australia Bank account and not further disbursed without the written consent of both the wife and the husband, or a further order of the Court. The Court noted that this order was made without notice to the restrained parties, who were granted liberty to restore the proceedings to the list on 24 hours' notice in relation to the injunction. The proceedings were adjourned, with leave granted to any party or affected person to restore the proceedings on seven days' notice, and any substantive orders sought in relation to that leave were to be made by way of an Application in a Case supported by an affidavit. The listing on 6 December 2017 before a Registrar was vacated.