YAMADA & BERNARD

The matter of *Yamada & Bernard* came before Hogan J of the Family Court of Australia. The applicant sought urgent interlocutory relief, including an injunction, against the respondent. The application was made on an urgent and ex parte basis, with the applicant providing an undertaking as to damages and to compensate any third parties for expenses and damages incurred as a result of reasonable actions taken in reliance on the orders.

The court was required to determine whether to grant an injunction restraining the respondent from removing, selling, charging, mortgaging, or otherwise dealing with his assets within Australia. This included assets held in his own name, jointly owned assets, and any assets over which he had the power to dispose of or deal with as if they were his own, including those controlled by a third party under his instructions. The court also considered the method of service of the orders and supporting documents on the respondent and a third party, Mr C.

Hogan J applied the principles governing the grant of interlocutory injunctions, particularly in the context of family law proceedings where there is a risk of assets being dissipated. The court found it appropriate to grant the injunction, given the undertaking provided by the applicant and the need to preserve assets pending further determination of the proceedings. The court also made directions regarding the service of the orders, including by faxing to the respondent's lawyers and by electronic means to Mr C, and granted liberty to the applicant to notify banking institutions. The costs of the application were reserved, and the matter was adjourned for further hearing.