Financial Enforcement (Applicant) - Western Australia - Interim Property Preservation - Rule 227 Pathway

The Process at a Glance: The practitioner assesses the risk of asset dissipation and standing. The practitioner drafts a Form 2 Application in a Case, supporting Case Information Affidavit, and a Draft Minute of Orders. The package is lodged on the WA eCourts Portal, served on the respondent and relevant third parties (e.g. banks), and argued at an urgent interlocutory hearing. Following the hearing, the sealed preservation orders are served on custodians, and asset compliance is monitored through to the final determination of the property settlement.

Key Legislation and Case Law: Procedural rules are set out in Rule 227 of the Family Court Rules 2021 (WA) which grants the court powers for the inspection, detention, preservation, or valuation of property. Substantive injunction powers are exercised under Section 205ZG of the Family Court Act 1997 (WA) for de facto partners and Section 114 of the Family Law Act 1975 (Cth) for married spouses. Key case law includes In the Marriage of Sieling (1979) 4 Fam LR 713 establishing the court authority to preserve assets in active property pools.

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This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.