Watson and Pace and Anor (No 2)

In *Watson and Pace and Anor (No 2)*, Gill J of the Federal Circuit and Family Court of Australia considered an application by the applicant and respondent concerning proceedings initiated by a third party, Mr A Pace. The dispute involved alleged debts and default judgments relating to the B Street and C Street properties, which were subject to family law proceedings.

The court was required to determine whether to grant injunctions restraining Mr Pace from continuing or commencing proceedings in the NSW District Court and other courts concerning the B Street and C Street properties, and from enforcing any default judgments obtained. Additionally, the court considered whether to restrain the respondent from making repayments to Mr Pace under a default judgment concerning the B Street property.

Gill J applied section 90AF of the *Family Law Act 1975* (Cth), which empowers the court to make orders restraining a person from commencing or continuing proceedings in another court if those proceedings are likely to interfere with the proper exercise of the court's jurisdiction in family law matters. The judge reasoned that the separate proceedings initiated by Mr Pace were vexatious and likely to prejudice the applicant and respondent in the resolution of their family law property settlement. The court found that the continuation of these external proceedings would undermine the court's ability to make a just and equitable distribution of the parties' assets.

Consequently, the court ordered that Mr Pace be restrained by injunction from further prosecuting or issuing proceedings in the NSW District Court or any other court concerning the B Street and C Street properties, and from enforcing any default judgments obtained in relation to those properties. The respondent was also restrained from making repayments to Mr Pace under the default judgment for the B Street property.