Birswood and Birswood

In the matter of Birswood and Birswood, Guest J of the Family Court of Australia considered an application by the wife for interim orders. The dispute concerned the husband's alleged dissipation of assets, specifically proceeds received from his retrenchment from P Group, Melbourne, on or about 19 June 2007, and other assets held by him.

The primary legal issues before the court were whether to grant interim injunctive relief restraining the husband from dealing with these assets pending the final resolution of the proceedings, and whether to expedite the hearing of certain aspects of the wife's application. The court also considered the appropriate method for serving documents on the husband and his solicitor, and the costs of the day.

Guest J ordered that the husband be restrained from dealing with, disposing of, or encumbering the proceeds he received from his retrenchment, and also from dealing with any additional assets held by him. The court further ordered that the wife serve a sealed copy of the Initiating Application, her affidavits, and the court's orders on the husband's parents and his solicitor. The wife's costs of the day were fixed at $650.00, with responsibility to be determined at trial. The main application was adjourned for further hearing.