Small & Small (No 2)

In the matter of *Small & Small (No 2)*, Cronin J of the Family Court of Australia considered applications made by the parties. The dispute concerned the husband's alleged dissipation of assets and the wife's application for interim financial relief.

The court was required to determine whether to extend existing orders restraining the husband from dealing with certain assets, including real property, shares, investments, and intellectual property. The wife sought to maintain these restraints until the final hearing to preserve the marital estate.

Cronin J reasoned that the existing orders, made on 14 November 2016, should be extended to the conclusion of the hearing on 8 February 2017. The court applied the principles governing interim injunctive relief in family law proceedings, requiring a demonstration of a serious question to be tried and that the balance of convenience favoured the granting of the injunction. The court found that the husband should be restrained from encumbering, dealing with, or disposing of specified assets, unless in the ordinary course of business and with prior written consent from the wife.

The court ordered that all outstanding applications be adjourned to 8 February 2017, and that the previously made orders be extended until the conclusion of that hearing. The husband was restrained from dealing with certain assets until that date, unless with the wife's written consent or in the ordinary course of business with prior email notification. Costs were reserved, and liberty to apply on short notice was granted to both parties.