Vincenzo and Vincenzo

In the matter of *Vincenzo and Vincenzo*, Benjamin J of the Family Court of Australia considered an application by the husband seeking to restrain the wife from engaging a particular barrister, Mr Graeme Thompson, in relation to the proceedings. The husband also sought to dismiss the wife's application filed on 16 December 2013 and her response to an application filed on 17 December 2013.

The primary legal issue before the court was whether it possessed the power to grant an injunction restraining a party from engaging a specific legal representative. A secondary issue concerned the dismissal of the wife's applications.

Benjamin J determined that the court had the power to grant such an injunction, finding that it was necessary to prevent an abuse of process and to ensure the proper administration of justice. The judge reasoned that the continued engagement of Mr Thompson by the wife would be vexatious and oppressive, given his prior involvement in related matters and the potential for him to be a witness. The court dismissed the husband's application to dismiss the wife's substantive applications, finding no basis for such an order.

The court ordered that the wife, by herself, her servants and/or her agents, be restrained by injunction from instructing, briefing, engaging, or taking advice from Mr Graeme Thompson in relation to these proceedings. The husband's other applications were dismissed. The court also made orders regarding the time for seeking and responding to costs applications, and extended the time to appeal the order to forty-two days. Finally, the court certified that it was reasonable to engage senior counsel and counsel to attend the proceedings.