Zha and Wun & Ors

In the matter of *Zha and Wun & Ors*, Henderson J considered an application by the wife for ex parte freezing orders against the husband and two other respondents. The dispute concerned family law proceedings, and the wife sought to restrain the husband from dealing with various assets pending an interim hearing. The court granted leave to proceed ex parte, acknowledging the wife's undertaking as to damages and noting the urgency due to a property settlement due in July 2020.

The primary legal issues before the court were whether to grant interlocutory injunctions restraining the husband from selling, mortgaging, assigning, disposing of, alienating, or further encumbering real properties and corporate interests, and from reducing the balance of his bank accounts below a specified amount. The court also considered the appropriate method of service for the initiating documents and the entitlement to rental income from a specific property.

Henderson J applied principles relating to the grant of ex parte injunctions, requiring the applicant to demonstrate a strong prima facie case and that the respondent would be likely to dissipate assets if notice were given. The court's reasoning led to the issuance of extensive injunctions under section 114 of the *Family Law Act 1975* (Cth) to preserve assets. These orders restrained the husband from dealing with numerous specified properties in New South Wales and elsewhere, various corporate interests, and bank accounts, with a minimum balance requirement of $3.8 million.

The court made several orders, including granting leave for the wife to file the orders in proceedings in China and Country B, and setting a date for a possible interim hearing. The husband and the Second and Third Respondents were ordered to file and serve their responses by 7 August 2020. The wife was granted sole entitlement to the rental income from the property at C Street, Suburb D, pending further order.