Waldon and Kipley-Waldon

In *Waldon & Kipley-Waldon* [2014] FamCA 278, the Family Court of Australia considered an oral application made by the husband, Mr Waldon, seeking an injunction to prevent his former wife, Ms Kipley-Waldon, from leaving the Commonwealth of Australia. The application was opposed by the wife.

The primary legal issue before the court was whether to grant the husband's application for an injunction restraining the wife from leaving Australia. This required the court to assess the evidence presented by the husband to determine if it met the threshold for such an order, particularly in light of previous, similar applications that had been dismissed.

Justice Benjamin dismissed the husband's application, finding that the evidence presented was insufficient to justify the injunction. The court noted the absence of any indication that the wife intended to leave Australia or remove assets, citing her remarriage and continued ownership of property within Australia. The judge expressed concern that the application might be considered frivolous or vexatious under section 118 of the *Family Law Act 1975* (Cth), given the lack of supporting evidence and the history of dismissed applications. The court ultimately dismissed the application pursuant to section 118(a) of the *Family Law Act*.