Wray and Wray and Anor

In the matter of *Wray and Wray*, Foster J of the Federal Circuit Court of Australia considered an application by the Wife for urgent interlocutory relief. The dispute concerned the preservation of assets, specifically shares in Wray Pty Ltd and funds held in company bank accounts, pending further orders in family law proceedings between the parties. The Wife sought to prevent the Husband, who was a director and shareholder of Wray Pty Ltd, from dealing with these assets.

The primary legal issues before the Court were whether to grant the Wife leave to make an urgent ex parte application and, if so, whether to issue injunctions restraining the Husband from various actions concerning his shares in Wray Pty Ltd and the company's bank accounts. The Court was required to determine if the circumstances warranted such immediate and restrictive orders without prior notice to the Husband, and if the Wife had established a sufficient case for the preservation of the assets in question.

Foster J granted the Wife leave to proceed on an urgent ex parte basis, indicating that the circumstances justified dispensing with service on the Husband prior to the hearing. The Court then issued a series of injunctions. These orders restrained the Husband from selling, transferring, or otherwise alienating his shares in Wray Pty Ltd. Furthermore, the Husband was prohibited from taking steps such as resigning as director or secretary, appointing new directors, issuing further shares, repaying loans to himself, or declaring dividends. The Court also imposed injunctions on the Husband, both personally and as a director, preventing him from withdrawing, expending, or transferring funds from specified bank accounts held by Wray Pty Ltd. The Wife was granted liberty to serve these orders on the relevant financial institutions to facilitate their implementation.