An individual sold the family home they shared with their ex-partner in Australia without notifying their ex-partner. They subsequently transferred the proceeds to their new partner’s account in New Zealand.

The ex-partner brought proceedings in the Family Court of Australia for a relationship property dispute. Our trans-Tasman relations with Australia allow for Australian judgments to be enforced in New Zealand courts, and streamlines the process of pursuing a cross-border proceeding.  

The Australian court allowed the ex-partner to provide their evidence to the High Court in New Zealand and the ex-partner made an application to the High Court for a freezing order against the individual.

The freezing order was granted by the High Court and the proceeds of sale of the Australian home were frozen. This Order was made without notice against the individual as there was a risk that, if they knew of the Order, they would take action to remove the funds from where they were being held.

If you are facing legal challenges that involve a cross-border dispute in overseas Courts, it pays to get advice from a legal professional to find out what measures can be taken to resolve the dispute and whether they can be enforced in New Zealand.

 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Shaun Cousins