Interim Injunctions

In the recent Appeal decision of Norton and Locke [2013] FamCAFC 202 concerning a de facto relationship, the Family Court examined the circumstances where interim injunctions can be issued. Central to the Court's determination was whether or not, in a de facto case where the Court had not yet decided whether the parties' relationship was a 'de facto relationship' within the meaning of the Family Law Act ("the Act"), the Court had jurisdiction to restrain the disposal of assets pending a final hearing.

In examining significant case-law on the issue of jurisdiction, the Court found that interim relief cannot be granted unless the relevant facts which give the Court jurisdiction have been established. The Court went on to confirm however that where the question of jurisdiction is at issue, the Court nonetheless does have "jurisdiction to determine whether or not it has jurisdiction". This involved deciding if the parties' relationship was a de facto relationship within the meaning of the Act.

The Court confirmed that in appropriate cases where there were "compelling circumstances", the Court has power to grant interim injunctions preserving the subject matter of the litigation until a decision about jurisdiction has been made.