Rue and Web

In the matter of Rue and Web, Brown J of the Family Court of Australia considered an application by the wife for interim orders. The dispute concerned the husband's alleged dissipation of marital assets, prompting the wife to seek orders restraining the husband from dealing with various assets, including properties and bank accounts, and from acting in his capacities as a shareholder, director, and secretary of B Pty. Ltd. and BE Pty. Ltd.

The primary legal issue before the court was whether to grant interim injunctive relief to preserve assets pending the final determination of the proceedings. This involved assessing the wife's prospects of success in establishing a claim to the assets and the risk of irreparable harm if the husband were permitted to deal with them. The court also had to consider the scope of the proposed restraint, particularly in relation to the husband's involvement with the companies.

Brown J reasoned that the wife had established a sufficient prima facie case to warrant the granting of interim orders. The court found that there was a real risk that the husband might dissipate the assets, thereby frustrating any future property settlement. Accordingly, the court made orders restraining the husband, both personally and in his corporate capacities, from selling, disposing of, assigning, or otherwise dealing with specified assets, including the B Trust, the T Trust, and certain properties and bank accounts. However, the court permitted the husband to authorise expenditure on routine maintenance and payment of routine outgoings for the properties. The court also made directions regarding the filing and service of further documents by both parties and adjourned the matter for a further hearing.