Wilson and Estate of the Late Mr J Wilson & Ors

The applicant wife sought leave to proceed without notice to the respondent and interim injunctive relief concerning monies received from a specific life insurance policy. The application was heard by Cronin J in the Family Court of Australia. The respondents included Ms P, the trustee in bankruptcy of the estate of the late Mr J Wilson, and the trustee in bankruptcy of Ms P.

The primary legal issues before the court were whether to grant the wife leave to proceed without notice to the respondent, and whether to impose an interlocutory injunction restraining Ms P from dealing with funds derived from the Tower Life Policy. The court also considered the appropriate service of the application and supporting documents on the various respondents.

Cronin J granted the wife leave to proceed without notice to the respondent. The court also made orders restraining Ms P from disposing of, transferring, diminishing the value of, or otherwise dealing with any monies received from the Tower Life Policy until further order. These orders, along with the application and supporting affidavit, were to be served on Ms P and both trustees in bankruptcy. The main application was adjourned to a later date, and the costs of the wife were fixed at $2500, reserved to the return date.