Prosser and Prosser & Anor

In this matter before Forrest J, the dispute concerned two real properties and significant outstanding debt owed to the Commonwealth Bank of Australia, which was preparing to take enforcement action. The applicant wife had lodged caveats on both properties. One caveat had lapsed, but the respondents sought an injunction to compel the wife to remove the remaining caveat on one property to facilitate its sale and discharge of the bank liabilities. The wife opposed the removal of this caveat and sought orders restraining the husband from dealing with the property.

The court was required to determine whether to grant an injunction requiring the wife to remove the caveat lodged on the C Street property, and whether to grant the wife's interim application for spousal maintenance. The wife also sought interim orders restraining the husband from dealing with the property.

Forrest J granted the injunction requiring the wife to remove the caveat, noting the bank's imminent enforcement action and the need to discharge substantial liabilities. The court reasoned that the sale of the property was necessary to address the debt. The husband was ordered to direct the net proceeds of the sale of his interest in the C Street property to discharging specific bank liabilities of himself and his company. The wife's application for interim spousal maintenance was dismissed, as the court was not satisfied that the husband had the capacity to contribute at that time, and the wife was found to have sufficient means for her own support.