Baillieu & Baillieu & Ors

In the Family Court of Australia, Benjamin J considered an application by a husband seeking an interlocutory injunction to prevent his wife from disposing of the proceeds of sale from the former matrimonial home. The husband also sought a partial property settlement pending the final resolution of property proceedings. The court was asked to make orders regarding the retention of a fixed sum of money from the sale proceeds by the wife's conveyancing solicitors.

The legal issues before the court included whether to grant the interlocutory injunction to restrain the wife from dealing with the proceeds of sale, and the terms upon which such an injunction should be granted. Additionally, the court was required to consider and formalise consent orders relating to the appointment of a mediator, the sharing of mediation costs, the requirement for parties to attend mediation and make a genuine attempt to resolve disputes, and the exchange of documentation prior to mediation.

Benjamin J made orders by consent, reflecting an agreement between the parties to engage in mediation. The court ordered that the wife's conveyancing solicitors retain $500,000 from the proceeds of sale of the Suburb D property, which sum included an amount previously agreed to be restrained. This injunction was to continue until further order or the determination of outstanding applications. The court also formally recorded consent orders for the appointment of Mr Ian Coleman SC as mediator, with the parties to equally share mediation costs. The parties were directed to attend mediation in person and make a genuine effort to resolve all disputed matters, with detailed requirements for the exchange of financial information and case outlines to the mediator prior to the mediation. Further directions were given regarding the notification of resolved and outstanding issues, expected trial duration, and costs, should the mediation not result in a full settlement.