Shen and Shen (No. 2)

In *Shen and Shen (No. 2)*, the Honourable Justice Rose of the Family Court of Australia considered an application by the husband to vary previous orders concerning the lodging of a caveat. The dispute arose from the wife's actions or potential actions regarding a caveat previously permitted to be lodged by the husband.

The central legal issue before the Court was whether to set aside existing orders and permit the husband to lodge a caveat, and to restrain the wife from interfering with that caveat, subject to certain conditions. The Court was required to determine the appropriate course of action to protect the husband's asserted rights in light of the wife's conduct.

Justice Rose reasoned that the previous orders, specifically those of 15 April 2009, were no longer appropriate and should be set aside. The Court then made orders allowing the husband to take all necessary steps to lodge a caveat in accordance with an earlier order of 20 August 2007. Furthermore, the wife was restrained from taking any action to cause the withdrawal or lapsing of this caveat, provided it was in registrable form, unless otherwise agreed or until further order. Costs were reserved.