WIGHTMAN & WIGHTMAN

This matter concerned an application by the wife to join several companies as parties to proceedings and to impose injunctions upon the husband and these companies. The dispute arose within the context of family law proceedings, with the wife seeking to preserve assets that might be subject to division. The application was heard by McClelland J in the Family Court of Australia.

The court was required to determine whether to join eight specific companies as parties to the proceedings and, if so, what injunctive relief should be granted to restrain the husband and these companies from dealing with their assets. The wife sought to prevent the dissipation or encumbration of assets held by the husband personally, through his directorships or shareholdings in the companies, and through various trusts and superannuation funds.

McClelland J applied section 90AF of the *Family Law Act 1975* (Cth) to permit the joinder of the companies. The court then granted extensive injunctive relief, restraining the husband and the companies from selling, transferring, assigning, encumbering, or otherwise alienating shares, interests, or assets, except in the ordinary course of business or with the wife's consent, which was not to be unreasonably withheld. Further injunctions were imposed to prevent the husband from appointing new directors, issuing shares, making loans, or altering bank signatories without consent. The court also restrained the companies from exercising their powers as trustees of various trusts to alter trust deeds or distribute assets, and similarly restrained the husband from acting as an appointor of trusts or superannuation funds. Specific orders were made regarding the sale of certain companies and the handling of proceeds, as well as the disposal of motor vehicles and the removal of contents from specified properties and storage facilities. The husband was also ordered to provide quarterly accounts for the companies and trusts and to provide notice before taking out new loans.