Zamir & Zamir

[2021] FedCFamC1F 9

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Zamir & Zamir [2021] FedCFamC1F 9

File number(s):

PAC 2751 of 2021

Judgment of:

HANNAM J

Date of judgment:

2 September 2021

Catchwords:

FAMILY LAW – PROPERTY – INJUNCTIONS -Review of a Registrar’s decision – Where the wife seeks a broad injunction restraining the husband from disposing, dealing with or diminishing the value of assets held in his sole name – Where a risk exists that assets may be dissipated or disposed of by the husband – Where the wife seeks an injunction that the husband repay $1.9 million withdrawn from the offset account secured over the former family home – Where consideration of applicable principles – Where appropriate for an injunction to be granted restraining the husband pending further order – Where not appropriate for an injunction to be made requiring the husband to repay funds.

Legislation:

Family Law Act 1975 (Cth) s 114

Family Law Rules 2004 r 18.10(1)

Cases cited:

Palmer v Parbery [2019] QCA 27
Patterson v BTR Engineer (Aust) Ltd (1989) NSWLR 319
Tsiang & Wu and Ors [2019] FamCAFC 128

Division:

First Instance

Number of paragraphs:

91

Date of hearing:

12 August 2021

Place:

Sydney

Counsel for the Applicant:

Mr Kearney SC

Solicitor for the Applicant:

Unified Lawyers

Counsel for the Respondent:

Mr Fermanis

Solicitor for the Respondent:

Gramelis Attorneys

ORDERS

PAC 2751 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR ZAMIR

Applicant

AND:

MS ZAMIR

Respondent

ORDER MADE BY:	HANNAM J
DATE OF ORDER:	2 SEPTEMBER 2021

THE COURT ORDERS THAT PENDING FURTHER ORDER:

1.Orders 1, 2 and 3 made 2 August 2021 be set aside.

2.The Husband be and is hereby restrained from:

(i)Transferring or encumbering, or causing to be transferred or encumbered, the property known as and situated at B Street, Suburb C, New South Wales, Certificate of Title Folio Identifier: … (“Suburb C Property”) registered in his sole personal name, without the wife’s prior written consent or except as permitted by an Order of the Court.

(ii)Withdrawing or transferring funds from any available redraw facility, credit facility, line of credit or home loan account held in his sole name (or jointly with any other person) with Westpac Banking Corporation, D Bank or any other financial institution secured over the Suburb C Property.

(iii)Removing from Australia or in any way disposing of, dealing with or diminishing the value of any assets in Australia (“Australia assets”) without the wife’s prior written consent or except as permitted by an Order of the Court.

(iv)Disposing of, dealing with or diminishing the value of any assets outside of Australia (“ex-Australia assets”) without the wife’s prior written consent or except as permitted by an Order of the Court.

3.The husband is permitted to operate upon any bank account in his name for the following purposes which operations are excluded from the restraint in Order 2:

(i)Meeting his day to day living expenses and those of the children in the usual course;

(ii)Making…