Zao and Gong

In the matter of Zao and Gong, Carew J of the Federal Court of Australia considered an application by the Applicant husband concerning funds invested for a subclass 188 visa application. The dispute centred on the Applicant husband's request for an injunction to prevent the Respondent wife from withdrawing a sum of $5,000,000 held in complying investment funds related to their visa application.

The primary legal issue before the Court was whether to grant an interlocutory injunction restraining the Respondent wife from dealing with the specified funds. This involved assessing the Applicant husband's undertaking to pay any damages suffered by the Respondent as a consequence of the injunction. The Court also had to determine the appropriate recipients for service of the restraining order, including government departments and various corporate entities holding the investment funds.

Carew J granted the injunction upon the Applicant husband's undertaking to pay damages. The Court reasoned that this measure was necessary to preserve the integrity of the investment funds designated for the visa application. The Court also granted the Applicant leave to serve the restraining order on the Department of Home Affairs, B Limited, its trustee, C Limited, D Corporation, and any other relevant entities holding the funds, ensuring that the injunction would be effective. The costs of the application were reserved.