Bailey and Bailey (No 2)

This matter came before Benjamin J concerning applications relating to costs and the transfer of property. The applicant husband and respondent wife were engaged in proceedings, and the court was required to make orders regarding the filing of submissions and affidavits in support of costs applications, as well as the delivery of a property transfer document.

The primary legal issues before the court were the procedural steps required for the parties to present their arguments and evidence concerning costs, and the mechanism for the transfer of a specific property. This included determining the timelines for the exchange of submissions and affidavits, and the conditions under which a property transfer would be executed and held.

Benjamin J amended a previous Chambers order to establish a clear timetable for the parties to file and serve their respective responses and submissions concerning the costs applications. The court also ordered the applicant husband to deliver a signed Transfer for the property at M Street, Suburb T, Tasmania, to the respondent wife's legal practitioners within seven days. This Transfer was to be held in escrow pending compliance with prior orders, which were extended by twenty-eight days. Upon the delivery of the Transfer, the respondent wife's solicitors were to arrange for a bank cheque for $19,491, payable to the applicant husband, to be delivered to the husband's solicitors on the day of settlement. The operation of these orders was stayed until 4:00 pm on Thursday, 26 July 2018.