Quach & Troung

In the matter of *Quach & Troung*, heard in the Family Court of Australia, Justice Harper considered an application by the respondent wife concerning the use of marital funds by the applicant husband. The dispute centred on whether an injunction should be granted to restrict the husband's use of funds in a specific bank account, to ensure those funds were available to meet his liabilities for mortgage payments, strata fees, and council rates pertaining to the marital property.

The primary legal issue before the Court was whether to impose a restriction, in the nature of an injunction, on the husband's access to and use of funds held in a Commonwealth Bank account. This restriction was sought to ensure the continued payment of essential outgoings on the marital property, specifically the mortgage, strata fees, and council rates, pending further orders of the Court.

Justice Harper, by consent of the parties and pending further order, made orders that addressed the use of marital funds and occupation of the marital home. The Court ordered that the husband be restrained from utilising or dealing with funds in a specified Commonwealth Bank account, other than for the purpose of paying mortgage payments, strata fees, and council rates in respect of the Suburb B property, up to and including 22 October 2021. Additionally, the wife was granted exclusive occupation of the Suburb B property provided she met certain outgoings, while the husband was to continue meeting the regular mortgage expenses. The Court also ordered that $40,000 be paid to each party from the husband's specified bank account within 14 days, with the characterisation of these payments to be determined by a trial judge.