Bant & Clayton

In the matter of Bant & Clayton, Benjamin J of the Family Court of Australia considered a dispute between the wife and the husband, with interveners also involved. The proceedings concerned various interlocutory applications and the determination of key dates relevant to a binding financial agreement.

The court was required to determine several legal issues, including whether to vacate certain prior directions, the timeline for parties to file and serve responses and affidavits, and the wife's application for verification of pleadings. Crucially, the court also had to determine the date of separation for the purposes of a binding financial agreement, and whether it was reasonable to engage multiple counsel for the parties.

Benjamin J vacated certain prior directions and set new timelines for the filing and service of documents by the wife, husband, and interveners. The wife's application for verification of pleadings was dismissed. The court granted the husband leave to seek a determination as to the date of separation under the financial agreement and subsequently determined that 7 June 2013 was the date of separation for that purpose. The court also certified that it was reasonable for all parties to engage senior and junior counsel, including multiple counsel for each party.

The court reserved the issue of costs in relation to the wife's objection to a subpoena and the costs of the interlocutory applications determined by these orders.