Family Law Injunctions

A court order to restrain one party from doing a certain act.

The Family Court has the power to make injunctions that require parties to a marriage or de-facto relationship to do or not do certain things.

You may seek different types of injunctions such as those relating to your children or other injunctions such as –

  • for your personal protection;
  • the sole occupation of the former matrimonial or de-facto home.
  • restraining your spouse from entering your home and it’s immediate boundaries;
  • preventing your spouse from entering your place of work; or
  • the protection of your property.

For example, if you are not happy with the way your former spouse is dealing with a family business after separation, you may be able to seek injunctions restricting or governing the way he or she runs the business.

If a spouse stops making repayments on a home loan, car loan or credit card etc., you may seek an injunction requiring him or her to continue doing so.

If you are worried that your spouse may dispose of assets, you may seek an injunction freezing or quarantining those assets to preserve them pending final property settlement.

If you are not happy that the other party is not disclosing his or her true financial position, the court may in extraordinary circumstances issue what is called an “Anton Piller” order which allows a court appointed supervisor and other experts if necessary, to enter premises unannounced to seize property or inspect, copy or seize computer records or documents.

The Family Court has very wide powers to protect children, spouses and their property.

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