PROPERTY SETTLEMENT - INJUNCTIONS
- An injunction is an Order made by a Court directing a party not to do some act or to stop doing some act.
- A Court can grant an injunction that is either permanent or interlocutory. A permanent injunction is based on a final determination of the rights of the parties and is intended to permanently prevent the infringement of those rights. By contrast, an interlocutory injunction is to preserve matters pending formal hearing of issues in dispute.
- In order to satisfy the Court that an injunction is necessary to preserve property, it is not sufficient to show that it may be proved later that the other party has a relevant interest in the property. Some other factor must be established, for example, that unless an injunction is granted the other party may dispose of or deal with the property, or with Company or Trust property, in such a manner that there is a risk that any Order made under Section 79 will not be met.
- The Court will not likely interfere with the rights of an owner of property on the basis of a vague or uncertain claim. There must be circumstances arising out of the martial relationship which makes it necessary to restrain, temporarily, a spouse from using his/her property rights to the detriment of the other party.
- There are two (2) requirements to restrain a spouse from dealing with his/her property:
- There needs to be an existing or potential claim to a property settlement Order under Section 79; and
- A danger that the claim may be defeated or prejudiced unless such an injunction is granted.
- There needs to be an existing or potential claim to a property settlement Order under Section 79; and
- Furthermore, it must be evident that a party has an intention to dispose of property to defeat a claim as opposed to a mere fear in the mind of the Applicant.
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Dear Brett & Catherine,
… if you require references for clients at any stage feel free to have them call me on my mobile number.
We are proud to be Hartley Family Law’s first and winning case since its inception, a little landmark I guess.
All the best to you both
