Baxter and Baxter (No. 2)

The Family Court of Australia, presided over by Loughnan JR, considered an application by the husband to discharge spousal maintenance and make orders concerning a property in New Zealand. The dispute centred on the wife's continued occupation of the New Zealand property and the husband's desire to sell it, as well as the management of a joint overdraft account.

The court was required to determine whether spousal maintenance should be discharged, whether the wife should vacate the New Zealand property and grant the husband exclusive possession, and how the sale of that property should proceed. Further, the court had to consider the management of the Farm Overdraft Account, specifically whether the husband should be permitted to draw on it for specific purposes related to the property's sale and maintenance.

In reaching its decision, the court discharged the spousal maintenance payable to the wife, effective from the date the order was paid. The court also ordered the wife to vacate the New Zealand property within 14 days and to remain away from it unless otherwise agreed, granting the husband exclusive possession. The husband was given carriage of the sale of the property, to proceed in accordance with previous orders. Regarding the Farm Overdraft Account, the parties were ordered to prevent further drawings unless agreed in writing, with the exception that the husband could use funds for necessary work on the property or for its marketing and sale, or for any other purpose agreed in writing or by further court order.