Small and Small

In the matter of *Small and Small*, Cronin J of the Family Court of Australia considered an application by the wife seeking interim injunctive relief against the husband. The dispute concerned the husband's alleged dissipation of assets and alteration of corporate structures, which the wife contended would prejudice her claim in ongoing family law proceedings.

The primary legal issues before the court were whether to grant interim injunctions restraining the husband from disbursing monies received from a specific source and from altering the legal or equitable structure of entities under his control. The court was required to assess the likelihood of the wife establishing a prima facie case, the balance of convenience, and whether the injunctions were necessary to preserve assets for the ultimate division between the parties.

Cronin J applied the principles governing the grant of interlocutory injunctions, considering the need to preserve the status quo pending final determination. The court found that the wife had raised serious questions to be tried regarding the husband's conduct and that the potential for dissipation of assets and restructuring of entities warranted protective measures. The court ordered that, pending the return date, the husband be restrained from disbursing monies received from Yusen Logistics Co Ltd otherwise than in the ordinary course of business and upon prior email notification to the wife. Furthermore, the husband was restrained from altering the legal or equitable structure of entities under his control, including changes to corporate structures, trust deeds, or the appointment or removal of trustees and beneficiaries. The costs of the day were reserved.