Willmot & Willmot (No. 2)

In *Willmot & Willmot (No. 2)*, Foster J of the Family Court of Australia considered applications by both the wife and the husband for variation of previous injunctive orders concerning property. The wife sought orders that would place previously restrained funds, or funds to be realised from a sale, into a controlled monies account in her name. The husband sought to vary the injunctions to permit the application of unrelated funds towards the debts of a corporate entity that was in voluntary administration, which funds would not be recoverable.

The central legal issues before the court were whether the orders sought by either party were proper in the circumstances, particularly in light of the principles governing injunctive relief and the variation of such orders. The court was required to assess the appropriateness of the proposed variations to the existing injunctions, considering the impact on the parties and the nature of the funds in question.

Foster J determined that neither party's application was proper in the circumstances. The court applied established principles relating to injunctive relief, considering the overall context of the dispute and the potential consequences of granting the requested variations. Ultimately, the court found that the orders sought by both the wife and the husband were not appropriate.

Consequently, Foster J ordered that all outstanding interlocutory applications be dismissed. The court also provided directions for any applications for costs to be made by way of written submissions, with judgment thereafter to be reserved.