Beach and Beach (No. 3)

This matter came before Carter J concerning a dispute between a husband and wife. The wife sought orders for the husband to provide answers to specific questions and an up-to-date sworn Statement of Assets and Liabilities. The wife also sought to restrain the husband from disbursing funds from the sale of livestock, with an exception for arrears of mortgage payments.

The court was required to determine whether to order the husband to provide the requested financial disclosure and to restrain the disbursement of livestock sale proceeds. Additionally, the court needed to consider the consequences of the husband's non-compliance with any disclosure orders.

Carter J ordered that the husband provide answers to specific questions by 4:00 pm on 13 December 2007 and file and serve an up-to-date sworn Statement of Assets and Liabilities by the same time. In the event of non-compliance, the husband's response filed on 27 April 2007 would be dismissed, and the wife would have leave to proceed on an undefended basis, subject to the husband's permitted cross-examination of witnesses and submissions. The husband was also restrained from disbursing funds from the sale of livestock until 4:00 pm on 17 December 2007, except for arrears of mortgage payments to Suncorp Metway Ltd, which he was ordered to pay forthwith upon receipt of those funds. All questions of costs were reserved to the trial judge.