BLOXHAM & BLOXHAM - [2020] FamCA 731

FAMILY COURT OF AUSTRALIA

BLOXHAM & BLOXHAM

[2020] FamCA 731

FAMILY LAW – PROPERTY – Review of registrar’s orders as to disclosure and discovery – Where registrar’s orders set aside in part – Where real issue is question of non-disclosure to be ventilated at final hearing.

FAMILY LAW – INTERIM CAPITAL PAYMENT – Where previous determination resulting in total payments of about $22.5 million to the parties – Where husband paid further sum from business sale of $1.604 million with that sum retained by him – Where proper that wife receive similar sum – Where order made for balance of primary capital funds of about $33 million to be paid into an interest bearing controlled money account pending further order.

Family Law Act 1975 (Cth)

Bloxham & Bloxham [2018] FamCA 1070

APPLICANT:

Mr Bloxham

RESPONDENT:

Ms Bloxham

FILE NUMBER:

PAC

2582

2017

DATE DELIVERED:

3 September 2020

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Foster J

HEARING DATE:

By way of written submissions last received on 29 June 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Watts McCray

SOLICITOR FOR THE RESPONDENT:

Dorter Family Lawyers And Mediators

Orders

That orders 4(d) and (e) made on 1 April 2020 be set aside.
That the husband and wife do all necessary things and sign all necessary documents to authorise and direct that the sum of $1,604,000 be paid to the wife from funds presently in Commonwealth Bank Account ...24.
That the wife be at liberty to expend the sum to be paid to her at her discretion with the characterisation of such sum reserved to final trial.
That the husband and wife do all necessary things and sign all necessary documents to authorise and direct that the balance remaining in Commonwealth Bank Account ...24 be paid to the wife’s solicitors to be deposited by them in an interest-bearing controlled money account in trust for the husband and wife pending further order and that the wife’s solicitors provide to the husband and wife written confirmation and details of the deposit of such funds within seven days from the date of these orders.
That the husband’s Application in a Case filed 7 April 2020 (as amended) and the wife’s Response filed 5 June 2020 be dismissed.
That costs of both parties be reserved to agreement or final hearing.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bloxham & Bloxham has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 2582 of 2017

Mr Bloxham

Applicant

And

Ms Bloxham

Respondent

REASONS FOR JUDGMENT

On 1 April 2020 a registrar of this Court made certain orders in relation to issues of disclosure and discovery as between the primary applicant wife and the primary respondent husband.
The orders made by the registrar were as follows:
(1)The Husband shall, within 7 days of his individual tax return for the year 30 June 2019 being lodged with the ATO, provide a copy of same to the wife’s solicitor. I note that the husband has advised the court that he shall endeavour to lodge the tax return by 30 April 2020
(2)The Husband shall within 7 days of the tax return for the year 30 June 2019 being lodged with the ATO, provide a copy of same to the wife’s solicitor. I note that the husband has advised the court that he shall endeavour to lodge the tax return by 15 May 2020.
(3)That within 14 days, unless the husband is able to obtain the statements of his R Bank account #…10 for the period of period 25 January 2019 to date, he is to cause to issue subpoena to R Bank UK for the said documents, otherwise he is to provide copies to the wife within 35 days.
(4)Within 35 days, the husband to provide the following:-
(a) His PAYG Statements for the period of 1 July 2018 to date;
(b)an explanation as to the large sums that have been paid into the ANZ Access Advantage Account #...83 for the period of 7 March 2019 to date including what were they for, providing a copy of supporting documents such as invoice or any agreement;
(c)All other bank accounts in the Husband’s name, whether held solely or jointly and in Australia or otherwise, including term deposits, savings accounts, credit accounts, line of credits for the period 1 June 2018 to date;
(d)All documents provided by the Husband to the Purchaser of the Share Purchase Deed, in his capacity as Seller of the Share Purchase Deed, including but not limited to the documents listed at Schedules 14 and 15 of the Share Purchase Deed.
(e)All documents in relation to the Share Purchase Deed Transaction, including but not limited to:
(i)Cash flow statement for year ended 30 June 2018 and two month period ended 31 August 2018 and the cash flow workings supporting the audited financial statements for HH Group.
(ii)General ledger listings for the period 1 July 2018 to 31 August 2018 for all salaries and wages, expense accounts included in the 'salaries and wages' line item in HH Group audited financial statements;
(iii)Breakdown of salaries and wages (including bonuses) paid to each employee for the period 1 July 2018 to 31 August 2018;
(iv)Copies of the dividend minutes to document the dividends paid by C Pty Ltd totalling $6,768,495 and by C3 Limited totalling $3,151,935;
(v)Copies of all licence agreements between the entities comprising the HH Group, including general ledger listings for all licence fees paid / received between group entities for the year ended 30 June 2018 and details of how the licence fee revenue has been calculated;
(vi)General ledger listings showing the income earned by HH Group with regards to R&D Tax credits in the 30 June 2018 and 30 June 2017 income years;
(vii)Copies of all service agreements in place between C Pty Ltd, C5 Inc and C4 Inc that govern related party transactions, including general ledger listings, copies of invoices and descriptions for all fees paid between these entities;
(viii)A copy of the Private Binding Ruling referenced in a document produced under subpoena issued to S Company titled Summary of the Analysis to date – E Pty Ltd and C Pty Ltd restructure;
(ix)Supporting documentation (including but not limited to invoices, loan agreements, payment directions, email correspondence showing requests and/or calculations, receipts etc.) and clear descriptions regarding the nature of payments from these individuals/entities to the Country B and US companies of the following:
1.$6,500,000 withdrawal from CBA account #...22 on 27 August 2018 with the description being Netbank Transfer and the recipient being Mr Bloxham, Act no: ..., ...31;
2.$458,734.38 withdrawal from CBA account #...22 on 9 July 2018 with the description being Commbiz Transaction and the recipient being E Pty Ltd Acct no: ...36 T Bank Account;
3.$150,000.00 withdrawal from CBA account #...22 on 29 July 2018 with the description being Netbank Transfer and the recipient being Mr V, Account no: ...10;
4.$50,000 withdrawal from CBA account #...22 on 29 July 2018 with the description being AA Via Netbank Transaction and the recipient being C2 Limited Westpac on W Street, City X Account No: ...00;
5.$2,479,706.47 withdrawal from CBA account #...22 on 19 June 2018 with the description being Commbiz Transaction and the recipient being BB Client Account Y Street, City Q Acct number: ...83 Bank name: Z Bank City Q;
6.$50,000 withdrawal from CBA account #...22 on 15 June 2018 with the description being AA Via Netbank Transaction and the recipient being C2 Limited Westpac on W Street, City X Account No: ...00 Westpac Country QQ Account;
7.$3,353,280.00 withdrawal from CBA account #...22 on 12 June 2018 with the description being AA Transaction, Transaction name: National Australia Bank Limited … and the recipient being C4 Inc KK Street PP City Country B, Bank: NN Bank;
8.$ 242,125.00 withdrawal from CBA account #...22 on 11 May 2018 with the description being Commbiz Transaction Description of transaction: Inv ... Payment 2 of 3 and the recipient being C4 Inc Payment Centre LL Street, City RR Country B Acct no: ...19 Bank Name: NN Bank of Commerce;
9.$242,125.00 withdrawal from CBA account #...22 on 10 May 2018 with the description being Commbiz Transaction Description of transaction: Inv ... Payment 2 of 3 and the recipient being C4 Inc Payment Centre LL Street, City RR Country B Acct no: ...19 Bank Name: NN Bank of Commerce;
10.$645,180.01 withdrawal from CBA account #...22 on 10 July 2017 with the description being AA Transaction NOTE: $30 AA transaction fee and the recipient being C4 Inc KK Street, PP City Country B;
11.$690,030.00 withdrawal from CBA account #...22 on 10 July 2017 with the description being AA Transaction plus $30 AA fee and the recipient being C4 Inc KK Street, PP City Country B;
12.$123,000.00 withdrawal from CBA account #...22 on 16 May 2016 with the description being AA Via Netbank Transaction Transaction description "CPL AU Inv ...01” and the recipient C4 Inc Payment Centre LL Street, City RR Country B (JJ Street) Acct no: ...19;
13.$17,000.00 withdrawal from CBA account #...22 on 17 May 2015;
14.$789,548.00 withdrawal from CBA account #...22 on 16 September 2015;
15.$900,000.00 withdrawal from CBA account #...22 on 10 April 2015 with the description Netbank Transfer Transaction Description: "Business Loan" and the recipient being Mr MM And Acct No: ...30;
16.$800,000.00 deposit into CBA Account #...22 on 29 August 2018 - 30 August 2018 with the description being ‘Cheque’ and the recipient being Mr DD BSB ... Account No: ...41;
17.$2,640,000.00 deposit into CBA Account #...22 on 17 August 2018 with the description being 2 Separate Cheques of $1,320,000.00 each and the recipient being Mr DD BSB ... Account No: ...41;
18.$ 11,017,325.00 deposit into CBA Account #...22 on 20 June 2017 with the description being Direct Entry Transaction Description: Emergency Payment and the recipient being “Account#...76”
19.$4,024,197.26 deposit into CBA Account #...22 on 10 January 2017 with the description being Account Closure Debit Transfer and the recipient being Account Number: ...48 BSB: ...
(5)That within thirty (35) days of the date of these Orders, the Husband respond to the letter sent by the Applicant Wife’s solicitor dated 25 March 2020; and the Applicant Wife respond to the Husband's letter of the 31st March 2020.
(6)The matter is listed for Hearing Directions (HDIR) on 5 June 2020 at 9am via TEAMS.
Notations:
A.The Respondent has received by email, the Schedules 14 & 15 referred to in Order 4(d) and the letter dated 25 March 2020 referred to in Order 5.

Context

On 13 December 2018 the Court made orders and delivered reasons in relation to an application for interim property distribution. These reasons assume familiarity with the reasons in that judgment: Bloxham & Bloxham [2018] FamCA 1070.
The history of the parties’ relationship was set out in those reasons as follows:
29.The parties commenced cohabitation in 2000, living in Country QQ. The parties married in 2007 in Australia and separated in July 2016.
30.There are three children of the marriage presently aged four, six and seven.
31.The wife asserts that during the marriage she was the primary carer of the children and remains so to date. The children continue to live with the wife in the former matrimonial home at Suburb G. The husband, she asserts, spends little time with the children due to his work obligations and significant travel commitments.
32.The wife says that at the commencement of cohabitation she and the husband had no assets of any significance. The business interest of the husband and the parties were commenced and developed during the relationship.
33.The wife asserts that she has had a significant role in the primary business of the parties C Pty Ltd, a business venture, a “start-up” software development company, established by the parties at about the time they relocated to Australia in 2007.
34.The wife asserts that she had a significant role in supporting the family from the early days of the business and in the business expanding and developing over the years. She acknowledges that the husband had business acumen and contacts in the programming industry that enabled them to pursue the development of their new business.
35.The business expanded overseas including in Country B, the United Kingdom and Country QQ. In each of these jurisdictions the business required a director that was resident in the jurisdiction. The wife’s brother Morgan was appointed a director of the business in the United Kingdom where the shareholding in the business was held beneficially for F Pty Ltd as trustee for the parties’ family trust the “Bloxham Family Trust”. Similarly, the husband’s father became a director for the purposes of the business activities in Country QQ and a Mr D was appointed as a director for the purposes of the business activities in Country B.
36.The wife undertook accounting training and was involved in the bookkeeping and accounting for the business.
37.Following the birth of the first child the wife asserts that the parties agreed that the husband would focus his primary attention on the business and the wife would attend to family obligations.
38.In 2016 the husband informed the wife that he was engaged in discussions as to a merger of the C Pty Ltd with a company E Pty Ltd that had as its sole director and shareholder a Mr H. A proposed Merger Implementation Deed was signed on 21 December 2016 that in essence provides for underlying shareholdings in C Pty Ltd and E Pty Ltd to be transferred to a new “Merged Group Entity”. The husband asserted to the wife, it appears falsely, in late March 2018 that the merger never eventuated.
39.The wife’s solicitors were informed in June 2018 of negotiations in place for the sale of the C entities including its related overseas entities to a publicly listed company J Company. Previously in late March 2018 the husband had requested that the wife transfer to him her shareholding in C Pty Ltd. It was asserted by his solicitors that the wife’s interests in the corporate entities were protected by her rights under the Family Law Act and that the wife’s retention of her shareholding was “inappropriate” as the parties had separated.
40.Subsequently, the wife asserts that the sale of the C entities was part of an overall sale that included the E Pty Ltd entities at a total sale price of $270 million to be distributed pursuant to a Share Purchase Deed dated 8 July 2018. The share purchase deed was signed by the wife but she complains that she was not permitted at any time to be party to the negotiations nor has she been provided with any documents from the husband as to the course of those negotiations.
41.Relevantly, the share purchase agreement provides that funds from the sale would be apportioned, inter-alia, in part as follows:
a)24.71 per cent to C Pty Ltd for the sellers the husband and wife;
b)2.79 per cent to C3 Limited for the seller F Pty Ltd as trustee for the Bloxham Family Trust;
c)26.5 per cent to C4 Inc equally apportioned for the sellers “P Inc and Mr D;
d)One per cent to C5 Inc for the seller “P Inc.
42.The wife expresses her concerns as to the husband having an undisclosed interest in the Country B and United States entities through which the sellers were to receive 27.5 per cent of the proceeds of sale being about $74 million. In that event, the wife asserts that through the various entities the husband could be entitled to a total of about $145 million and not the $74 million as asserted by him.
43.Otherwise, the wife expresses concern as to the entitlement of Mr D who she says was a director of convenience for the entity’s operations in Country B. Under the share purchase agreement he has an ostensible entitlement through his “shareholding” of about $74 million yet the wife asserts that Mr D never held a critical role in the business. For various reasons propounded by the wife and most likely to be tested at final hearing, the wife infers that Mr D may well simply be a puppet of the husband. The wife continues her enquiries in this regard.
44.The wife asserts that the current asset pool is in the order of about $84 million comprising variously of:
a)proceeds of sale of the parties’ shareholding in C Pty Ltd, C3 Limited and C2 Limited of at least $74 million;
b)a pre-completion sale dividend paid to the husband in July 2018 of about $10 million;
c)a property purchased by the husband in City Q in July 2018 for about $3 million;
d)the former matrimonial home occupied by the wife and children having, she says, a value of about $2.8 million.
45.The wife makes significant complaint as to the husband’s failure to provide proper and fulsome disclosure including his failure to comply with previous orders made by registrars. The wife further complains that the husband has withdrawn funds totalling about $900,000.00 from his account 9631 with those funds being unaccounted for. Although it appears there is an inference that a significant portion of those funds have been applied to the deposit for the husband’s proposed purchase.
46.The wife says that the property in which she and the children live requires extensive repairs that she estimates to cost about $41,000.00 together with significant other work required to bring the property up to standard.
47.At present, the husband pays child support of $833.33 per child per week from which the wife is to maintain herself and the children that are in her primary care.
48.The wife for her part seeks the release to her of funds in the sum of $10.5 million to facilitate the purchase by her of a property for occupation by herself and the children. Otherwise, the wife and the husband own an investment property in City K with a small surplus available after mortgage payments and property outgoings. Otherwise, the wife has monies at bank totalling about $15,800.00. Her solicitors as at 19 October 2018 held a balance of $92,000.00 in their trust account from the interlocutory payment made pursuant to orders on 28 August 2018.
49.At present she has an interest in purchasing a property at Mosman for the sum of about $9 million.
50.The property purchased by the husband is in very close proximity to the matrimonial home in which she resides with the children. The wife has a poor relationship with the extended paternal family that all live within the Suburb G community.
In the earlier proceedings orders were made as follows:
(1)That the husband within seven days from this date do all things necessary to withdraw a sum of $11,225,000.00 from the funds held in the CBA Account bearing BSB ... Account Number ...31 and pay such sum to the wife’s solicitors to be held by such solicitors in a controlled money interest bearing account in trust for the wife subject to the following orders.
(2)That the wife be restrained from authorising or directing her solicitors to pay funds received by the solicitors from the husband in any way other than as follows:
(a)As to sums not exceeding $10,000,000.00 for the purchase of a property in the name of the wife with such sum to be applied to the purchase price, stamp duty, legal costs on purchase and furnishing of the property;
(b)As to the balance of $1,225,000.00 together with interest on any unspent balance as accrued to the wife or as she may otherwise direct in writing provided always that the wife may at her discretion apply all or part of same to the purchase of the property as provided for.
(3)That the wife is restrained from selling or encumbering by way of mortgage the property purchased by her pending further order.
(4)That the characterisation of the sum to be paid to the wife’s solicitors is reserved to final trial or agreement between the parties.

On earlier interim hearing on 22 October 2018 various orders were made by consent resolving the then application made by the husband and addressing some issues as to non-disclosure.
Those orders were as follows:
IT IS ORDERED, PENDING FURTHER ORDER
Definitions
(1)In these orders:
(a)“the Husband” means Mr Bloxham who is the Respondent in the substantive proceedings;
(b)“the Wife” means Ms Bloxham who is the Applicant in the substantive proceedings;
(c)“the Orders” means the Orders made by Justice Foster on 6 September 2018;
(d)“Suburb G property” means the property situated at D Street, Suburb G bearing New South Wales folio reference ...
(e)“City Q property” means the property known as M Street, City Q (…), in the United Kingdom.
(f)“SPD” means the Share Purchase Deed dated 8 July 2018 entered into for the sale of C Pty Limited, associated entities and third parties, including but not limited to:
(i)C Pty Ltd (A.C.N. …);
(ii)C2 Labs Limited, an entity incorporated in Country QQ bearing company number ...; and
(iii)C3 Limited, an entity incorporated in the United Kingdom bearing incorporation number ....
(g)“Sale Proceeds” means the amounts payable under the SPD in respect of the Husband and Wife’s interests including but not limited to:
(i)C Pty Ltd (A.C.N. …);
(ii)C2 Limited, an entity incorporated in Country QQ bearing company number ...; and
(iii)C3 Limited, an entity incorporated in the United Kingdom bearing incorporation number ....
(h) “the Act” means the Family Law Act 1975 (Cth) as amended.
(i) “CBA” means Commonwealth Bank of Australia.
Interim Property
(2)That pursuant to s 114 of the Act, the Husband is restrained by injunction from withdrawing and/or disbursing any of the Sale Proceeds held in the CBA Accounts BSB ... Account Number ...31 and BSB … Account Number ...24, except to:
2.1Withdraw for the purpose of completing the Contract for Sale for the purchase of the Suburb G property a sum of $11,225,000.00 (less those amounts already paid by him for the purchase) from the Sale Proceeds held in the CBA Account bearing BSB ... Account Number ...31; and
(3)That the husband shall be restrained by injunction from disposing of or encumbering any real property which he purchases with the proceeds of the interim property distribution pursuant to Order 2 above.
(4)That within 48 hours of the date of these Orders, the husband shall do all further acts and things and sign all documents necessary to grant the wife viewing access only to the CBA Accounts referred to in Order 2 above.
(5)That should the wife vacate the real property at N Street Suburb G, the wife shall be at liberty to list the N Street property on the market for lease to private tenants, and for this purpose the wife shall:
(i)be permitted to appoint a local real estate agent to provide property management services for the Suburb G property; and
(ii)be solely entitled to 100 per cent of all rental income received from the Suburb G property.
(6)That the husband shall do all acts and things and sign all documents necessary to implement the preceding Order, including but not limited to providing written consent/s to the managing real estate agents to accept instructions solely on behalf of the wife, and provide payment directions to the managing real estate agent so all rental income received is paid to the wife.
Disclosure
(7)That within 21 days of the date of these Orders, pursuant to the husband’s duty of disclosure, the husband shall provide copies of the following documents to the wife:
(i)Statements for all accounts held by or on behalf of the husband (or any entity in which the husband holds an interest) in the United Kingdom for the period 1 June 2016 to date.
(ii)Statements for all accounts held by or on behalf of the husband (or any entity in which the husband holds an interest) in Country QQ for the period 1 June 2016 to date.
(iii)Statements for all accounts held by or on behalf of the husband (or any entity in which the husband holds an interest) in the United States of America for the period 1 June 2016 to date.
(iv)Statements for all accounts held by or on behalf of the husband (or any entity in which the husband holds an interest) in Country B for the period 1 June 2016 to date.
(v)Statements for CBA Diamond Awards Credit Card #…23 for the period 13 May 2016 to date.
(vi)Statements for CBA Smart Access Account ending …41 for the period 26 June 2016 to 24 November 2016, including all documents recording the subsequent closure of this account;
(vii)Statements for CBA Business Awards Credit Card Account #…50 for the period 21 March 2018 to date;
(viii)Screenshots of all available CBA Account Balances dated 05 October 2018;
(ix)Statements for Westpac Choices Home Loan Account ending #0300 for the period 12 October 2016 to date;
(x)Statements for ANZ Access Advantage Account #...83 for the period 7 March 2018 to date;
(xi)Statements for Westpac Home Loan Choices Everyday Account #…00 for the period 10 February 2018 to date;
(xii)Statements for CBA Credit Card #…75 for the period 30 June 2017 to date;
(xiii)Unless otherwise produced under (x) above, statements for the ‘CBA A/c CommBank app’ Account to which transfers labelled ‘Transfer DB’ were made from account ending #…31 on 25 September 2018, 20 September 2018 and 19 September 2018 respectively;
(xiv)Statements for Credit Card ending #…35 statements for the period 01 June 2017 to date;
(xv)Statements for CBA Account #…11 for the period 01 July 2017 to date;
(xvi)Statements for CBA Account #...24 for the period 01 July 2017 to date;
(xvii)Statements for CBA Account #…31 for the periods 1 June 2017 to 14 August 2018 and 28 September 2018 to 19 October 2018;
(xviii)Statements for CBA Account #…42 statements for the period 01 June 2017 to date;
(xix)Statements for CBA accounts ending in 9631 and ...24 for the period 6 September 2018 to date.
F Pty Ltd
(xx)Taxation Return/s, Balance Sheets and Profit and Loss Statements for F Pty Ltd and the Bloxham Family Trust for the 2013 – 2018 financial years.
(xxi)Bank statements for all accounts in the name of F Pty Ltd for the period 1 January 2016 to date.
(xxii)Bank statements for all accounts in the name of the Bloxham Family Trust for the period 1 January 2016 to date.
D Street Suburb G
(xxiii)All documents recording the stamp duty paid (including the due date) in respect of the exchange of contracts dated 14 September 2018 for the purchase of the property known as D Street Suburb G, including but not limited to statements for the account from where the stamp duty was paid.
Tax documents
(xxiv)Draft personal tax returns for the 2018 financial year;
(xxv)Draft tax returns and financial reports for any entity in which the husband has an interest for the 2018 financial year.
City Q Property
(xxvi)All documents pertaining to the husband’s purchase of the City Q property, including but not limited to loan applications and bank statements evidencing the account from where the purchase price was paid for the period 1 July 2017 to date.
As to the prospective assets and liabilities of the parties arising from their complex financial affairs, the earlier reasons for judgment set out the following:
Assets and liabilities
74.A consideration of the present assets and liabilities of the parties is fraught with some difficulty. The parties acquired property in Sydney and at the time of separation owned the former matrimonial home at Suburb G having a value of about $2.8 million.
75.Subsequent to separation the business entities established by the parties were sold as part of an overall share purchase agreement with a total consideration of $270 million. Of that sum $59 million was deposited into bank accounts controlled by the husband. The wife asserts that the husband also received a pre-sale dividend of $10 million that remains unaccounted for.
76.The husband asserts that subject to performance targets being met there are further payments to be received consequent upon the sale of the parties’ entities.
77.The husband asserts that subject to a provision for taxation, yet to be assessed, the present overall property pool has a value of about $48 million. This excludes the prospect of further performance target payments being received.
78.Otherwise, the wife contends that there are prospectively entitlements of the husband through his nominees or alter egos that could total a further $74 million.
79.The husband has now received a little over 20 per cent of his assertion as to the property pool available for division. The wife asserts he has received further funds totalling about $10 million. Yet he concedes there are funds perhaps yet to be received and his assessment of the pool allows for an as yet unknown tax liability. On the husband’s assertions the net pool is proximate to about $50 million and may increase. Whilst the wife asserts the prospect of a much greater pool, that determination awaits final trial.
80.A consideration of contributions at least on the evidence before the Court in the context of this application is indicative of a contribution finding that may on balance favour the husband. Yet a consideration of the s 75(2) considerations such as they are relevant particularly those relating to disparity of income earning capacity, care of children under the age of 18 years and the effect of the years of the marriage on the wife’s earning capacity are indicative of an adjustment by way of an increase in the contribution based entitlement of the wife.
81.The order sought by the wife represents a little over 20 per cent of the asset pool as contended for by the husband, yet he asserts there are likely to be further significant funds received as a consequence of the share purchase agreement.
82.Otherwise, the wife raises significant issues as to the husband’s nondisclosure that, if correct, could well mean a much more significant asset pool to the extent perhaps of an additional $74 million gross.
83.The Court is well satisfied that the funds sought to be received by the wife are well within the range of possible final outcomes, in particular, having regard to the pool contended for by the husband. Her ultimate entitlement may well be far in excess of that presently sought by her by way of funds to purchase a home commensurate with that to be purchased by the husband for himself.
84.The wife concedes that she should be restrained by conditions that require her to substantially apply the funds sought by her to the purchase of a home for the accommodation of herself and the children together with associated costs of that purchase including legal fees, stamp duty and the proper and appropriate provision for furniture and furnishings. In such a circumstance and overwhelming proportion of funds that may be released to the wife for such purchase, can be recovered on final hearing by ordering the property to be sold with the proceeds of sale falling back into the matrimonial pool for adjustment in the form of cash. Although in the circumstances of this matter it appears that such is an unlikely prospect.
85.The ultimate question is whether in all the circumstances of this matter an order for partial property in favour of the wife is appropriate and in the interests of justice.
86.The husband has procured by dint of his precipitate exchange of contracts for the purchase of a home at Suburb G an urgent need for the release of funds to settle that purchase. He has by his conduct effectively forced the wife into a position where she has no alternative but to agree to the release of funds to settle that purchase so as to avoid any adverse consequences that may arise from litigation should the husband default on the purchase. It may well be inferred that the husband exchanging contracts for sale on the very day that he writes to the wife’s solicitors seeking permission to access funds in excess of $10 million was simply a premeditated tactical ploy to force the wife’s agreement.
87.Yet for his part he refuses to consider the release of any funds to the wife by way of partial property in circumstances where the release sought by her is well within the realms of her prospective final entitlement.
88.Otherwise, there is a significant disparity in the financial circumstances of both parties with the wife relying upon ongoing periodic payments from the husband who attests in his financial statement to an income and dividends from his business totalling $1.456 million per year before tax in addition to which he receives directors fees of about $52,000.00 per annum relating to his company’s United Kingdom activities.

The present application: the husband

Subsequent to orders made by the registrar on 1 April 2020, the husband on 7 April 2020 filed an Application in a Case seeking a review of the registrar’s orders.
On 14 April 2020 the registrar directed that the husband file and serve written submissions in support of his application for review by 15 May 2020, that the wife file and serve her submissions in reply by 3 June 2020 and that each party file an outline of case by 8 June 2020. The application for review was adjourned for judicial case management on 15 June 2020.
Subsequently, by consent, time was extended for the wife to file her submissions to 5 June 2020 and for outlines of case to be filed by 10 June 2020.
Subsequently and on 11 June 2020, the husband filed an Amended Application in a Case setting out with more particularity interlocutory orders sought by him. The orders sought by him are as follows:
Review
(1)That the Orders 4 (d) and (e) made during the Hearing on made on 1 April 2020 by Registrar Tran be reviewed.
Controlled Monies Account
(2)That Order 2 of the Orders made on 22 October 2018, be varied so as to provide that within seven (7) days from the date of this Order, the Husband and the Wife shall do all acts and things and sign all documents necessary to cause the balance of the sales proceeds of C Pty Ltd and associated entities (being not less than $36,888,022.53 being held in Commonwealth Bank of Australia account #...24) to be transferred to an interest bearing Controlled Monies Account held by Watts McCray Lawyers in the joint names of the Husband and the Wife ("the Controlled Monies Account").
(3)That both the Husband and the Wife shall be restrained by injunction from withdrawing, accessing, transferring or in any way dealing with or providing instructions to deal with, the Controlled Monies Account other than for the purposes stipulated in the Orders of his Honour Justice Foster dated 6 September 2018 and 22 October 2018 or pursuant to written agreement of the parties or further order.
(4)Order 4 of the Orders of his Honour Justice Foster dated 22 October 2018 shall be discharged.
(5)That the Husband shall do all acts and things to cause Watts McCray Lawyers to provide to the Wife's Solicitors evidence of the deposit to the Controlled Monies Account within 3 days of the proceeds being deposited.
Case Management
Mediation
(6)The parties are to do all acts and things to attend Mediation with a suitably qualified Mediator as agreed between them on a date not later than 1 August 2020. In the event that mediation has not been arranged by 1 July 2020, then either party is at liberty to notify the Court for the purpose of the matter being relisted and further case managed by Justice Foster, including the listing of final hearing dates as appropriate.
Subpoena
(7)That Order 2 of the Orders made by Registrar Tran on 16 August 2018 be discharged. That in the event that the either party seeks to issue a Subpoena in this matter it is first necessary for that party to seek leave from the Court by way of Application in a Case and Affidavit setting out the relevance of the Subpoena to be issued.
Case Management
(8)That this matter be case managed by Justice Foster given the complexity.
In support of his Amended Application in a Case the husband relied upon his affidavit filed 11 June 2020.
On 15 June 2020 proceedings were before the Court for judicial case management. Trial directions were made for the primary issue as to property settlement to be prepared for hearing.
As a consequence of the husband’s Amended Application in a Case filed on 11 June 2020, further directions were made that provided for the husband to file and serve any further short written submissions to be relied upon in support of the orders sought by him in his Amended Application in a Case with those submissions to be filed and served by no later than 22 June 2020. The wife was ordered to file and serve any further short written submissions to be relied upon by her by no later than 29 June 2020. Upon completion of submissions judgment was to be reserved to chambers.
Subsequently, on 8 July 2020, judgment was reserved.

The present application: the wife

The wife relied upon her Response filed 5 June 2020 to the husband’s Application in a Case. In that Response she sought orders as follows:
(1)That the husband provide the documents by way of disclosure in accordance with Orders 4(d) and (e) of Orders dated 1 April 2020.
(2)That Order 2 (a) and (b) of the Orders made by the Honourable Justice Foster on 13 December 2018 be amended to read as follows: -
(a)"As to the sums not exceeding $10,000,000.00 for the purchase of a property in the name of the Wife with such sum to be applied to the purchase price, stamp duty, legal costs on purchase, furnishing of the property, maintenance and upkeep costs of the property and renovations on the property."
(b)"As to the balance of $1,225,000.00 together with any unspent balance pursuant to Order 2(a) above and interest on any unspent balance as accrued to the wife or as she may otherwise direct in writing provided always that the wife may at her discretion apply all or part of same to the purchase of the property as provided for."
(3)That the Husband do all acts and things to transfer the sum of $1,604,213 currently held in his personal Commonwealth Bank Account bearing account number …31to the interest bearing Controlled Moneys Account held in both parties' names, controlled by the Husband's solicitors.
(4)That the Amended Application in a Case filed by the Husband on 15 May 2020 otherwise be dismissed.
AND THE COURT NOTES THAT:
(5)The wife has purchased the property at FF Street, Suburb GG for $9,050,770 including purchase price, stamp duty and legal costs.
The wife relied upon her affidavit filed 5 June 2020 in support of the orders sought by her in her Response.

The husband’s evidence

It is noted that the husband seeks only to review orders 4(d) and (e) made on 1 April 2020. Those orders provide:
(4)Within 35 days, the husband to provide the following:-
…
(d)All documents provided by the Husband to the Purchaser of the Share Purchase Deed, in his capacity as Seller of the Share Purchase Deed, including but not limited to the documents listed at Schedules 14 and 15 of the Share Purchase Deed.
(e)All documents in relation to the Share Purchase Deed Transaction, including but not limited to:
(i)Cash flow statement for year ended 30 June 2018 and two month period ended 31 August 2018 and the cash flow workings supporting the audited financial statements for HH Group.
(ii)General ledger listings for the period 1 July 2018 to 31 August 2018 for all salaries and wages, expense accounts included in the 'salaries and wages' line item in HH Group audited financial statements;
(iii)Breakdown of salaries and wages (including bonuses) paid to each employee for the period 1 July 2018 to 31 August 2018;
(iv)Copies of the dividend minutes to document the dividends paid by C Pty Ltd totalling $6,768,495 and by C3 Limited totalling $3,151,935;
(v)Copies of all licence agreements between the entities comprising the HH Group, including general ledger listings for all licence fees paid / received between group entities for the year ended 30 June 2018 and details of how the licence fee revenue has been calculated;
(vi)General ledger listings showing the income earned by HH Group with regards to R&D Tax credits in the 30 June 2018 and 30 June 2017 income years;
(vii)Copies of all service agreements in place between C Pty Ltd, C5 Inc and C4 Inc that govern related party transactions, including general ledger listings, copies of invoices and descriptions for all fees paid between these entities;
(viii)A copy of the Private Binding Ruling referenced in a document produced under subpoena issued to S Company titled Summary of the Analysis to date – E Pty Ltd and C Pty Ltd restructure;
(ix)Supporting documentation (including but not limited to invoices, loan agreements, payment directions, email correspondence showing requests and/or calculations, receipts etc.) and clear descriptions regarding the nature of payments from these individuals/entities to the Country B and US companies of the following:
1.$6,500,000 withdrawal from CBA account #...22 on 27 August 2018 with the description being Netbank Transfer and the recipient being Mr Bloxham, Act no: ..., ...31;
2.$458,734.38 withdrawal from CBA account #...22 on 9 July 2018 with the description being Commbiz Transaction and the recipient being E Pty Ltd Acct no: ...36 T Bank Account;
3.$150,000.00 withdrawal from CBA account #...22 on 29 July 2018 with the description being Netbank Transfer and the recipient being Mr V, Account no: ...10;
4.$50,000 withdrawal from CBA account #...22 on 29 July 2018 with the description being AA Via Netbank Transaction and the recipient being C2 Limited Westpac on W Street, City X Account No: ...00;
5.$2,479,706.47 withdrawal from CBA account #...22 on 19 June 2018 with the description being Commbiz Transaction and the recipient being BB Client Account Y Street, City Q Acct number: ...83 Bank name: Z Bank City Q;
6.$50,000 withdrawal from CBA account #...22 on 15 June 2018 with the description being AA Via Netbank Transaction and the recipient being C2 Limited Westpac on W Street, City X Account No: ...00 Westpac Country QQ Account;
7.$3,353,280.00 withdrawal from CBA account #...22 on 12 June 2018 with the description being AA Transaction, Transaction name: National Australia Bank Limited … and the recipient being C4 Labs Inc KK Street City PP Country B, Bank: NN Bank;
8.$ 242,125.00 withdrawal from CBA account #...22 on 11 May 2018 with the description being Commbiz Transaction Description of transaction: Inv ... Payment 2 of 3 and the recipient being C4 Inc Payment Centre LL Street, City RR Country B Acct no: ...19 Bank Name: NN Bank of Commerce;
9.$242,125.00 withdrawal from CBA account #...22 on 10 May 2018 with the description being Commbiz Transaction Description of transaction: Inv ... Payment 2 of 3 and the recipient being C4 Inc Payment Centre LL Street, City RR Country B Acct no: ...19 Bank Name: NN Bank of Commerce;
10.$645,180.01 withdrawal from CBA account #...22 on 10 July 2017 with the description being AA Transaction NOTE: $30 AA transaction fee and the recipient being C4 Inc KK Street, City PP Country B;
11.$690,030.00 withdrawal from CBA account #...22 on 10 July 2017 with the description being AA Transaction plus $30 AA fee and the recipient being C4 Inc KK Street, City PP Country B;
12.$123,000.00 withdrawal from CBA account #...22 on 16 May 2016 with the description being AA Via Netbank Transaction Transaction description "C4 AU Inv ...01” and the recipient C4 Inc Payment Centre LL Street, City RR Country B (JJ Street) Acct no: ...19;
13.$17,000.00 withdrawal from CBA account #...22 on 17 May 2015;
14.$789,548.00 withdrawal from CBA account #...22 on 16 September 2015;
15.$900,000.00 withdrawal from CBA account #...22 on 10 April 2015 with the description Netbank Transfer Transaction Description: "Business Loan" and the recipient being Mr MM And Acct No: ...30;
16.$800,000.00 deposit into CBA Account #...22 on 29 August 2018 - 30 August 2018 with the description being ‘Cheque’ and the recipient being Mr DD BSB ... Account No: ...41;
17.$2,640,000.00 deposit into CBA Account #...22 on 17 August 2018 with the description being 2 Separate Cheques of $1,320,000.00 each and the recipient being Mr DD BSB ... Account No: ...41;
18.$ 11,017,325.00 deposit into CBA Account #...22 on 20 June 2017 with the description being Direct Entry Transaction Description: Emergency Payment and the recipient being “Account#...76”
19.$4,024,197.26 deposit into CBA Account #...22 on 10 January 2017 with the description being Account Closure Debit Transfer and the recipient being Account Number: ...48 BSB: ...

The husband asserts that the business commenced by him in March 2007 known as C Pty Ltd is a specialised company.
He makes various references to legislative provisions that relate to the business of the company.
C Pty Ltd was sold to a US company (J Company) by way of a share purchase deed dated 8 July 2018. The husband asserts that the sale was a significant commercial transaction and involved extensive due diligence, tax considerations involving five countries and compliance, legal and regulatory matters.
The husband says that on 31 August 2018 his share of the proceeds of sale of his company’s Australian and Country QQ and United Kingdom operations were paid into his Commonwealth Bank account.
The husband remains employed by J Company and asserts that he continues to have systems access and a significant amount of work undertaken by C Pty Ltd relates to the work of J Company.
Otherwise, the husband asserts that he has signed various non-disclosure agreements in relation to the operations of C Pty Ltd and J Company. He asserts that disclosure of details pertaining to employees, contracts, products, customers and their identification could legitimately cause the employees of the two entities to be at physical risk of harm.
He says that on 5 July 2018 he received a further sum of $1 million into his Commonwealth Bank account ending …82 from a customer in respect of further work to be undertaken. He says these funds were not his and indeed were returned to the customer on 13 August 2018 in a transaction that he disclosed to the wife and her lawyers. He asserts that he is prevented by legislation and non-disclosure agreements from providing further information or documentary evidence in relation to the transaction.
The husband asserts that at times it is necessary to make unidentifiable payments to third parties in respect of matters pertaining to the business. The husband further asserts that in some circumstances it is not safe to keep records of such payments and to facilitate anonymity, details recorded on bank statements are often untrue in order to protect the third-party from identification in their own country.
The husband, otherwise, asserts his substantial compliance with orders made by the registrar on 1 April 2020.
The husband makes complaint that the provisions of the impugned orders require further disclosure of numerous transactions relating to C Pty Ltd including bank transactions made by C Pty Ltd prior to the sale and during the period of 10 April 2015 to 27 August 2018.
His complaint is that the wife was a signatory to the share purchase agreement in relation to the sale of C Pty Ltd and sought her own commercial legal advice in relation to the proposed sale and the terms of the share purchase agreement. The husband paid the wife’s costs of that commercial advice totalling about $60,000. Proceeds of the share sale agreement in the sum of about $59 million were received by the parties in August 2018.
The wife issued a subpoena for production of documents to TT Lawyers (the husband’s lawyer for the sale of C Pty Ltd) for documents relating to the sale of the shares in C Pty Ltd. The husband on her behalf paid conduct money including production costs totalling about $38,000 on behalf of the wife.
On 1 May 2020 the husband instructed his present solicitors to write to TT Lawyers seeking disclosure of information comprised in the impugned orders of the registrar being orders 4(d) and (e). The response from TT Lawyers dated 14 May 2020 evidences that that firm does not hold many of the documents requested but, otherwise, have responded to the husband’s requests as best that firm can in the present community circumstances.
Otherwise, the husband complains that the wife seeks documents in relation to various entities in respect of which he does not currently and did not previously have any interest or do not exist. It is readily apparent that he is not required to produce such documents.
Otherwise, in his affidavit the husband sets out to the extent permitted his Response in relation to various transactions in respect of which the wife seeks information. Many of the transactions pre-date the sale agreement and its completion in August 2018 by some years.
The husband seeks an order that any further subpoenas issued in the proceedings be, with the consent of the Court, sought by way of Application in a Case supported by affidavit. In circumstances where legal expenses in this matter have the prospect of escalating like a runaway train, such an approach would appear to be eminently sensible.
As to the orders made 13 December 2018, the wife was permitted by the terms of those orders to spend a sum of up to $10 million for the purchase of property including stamp duty, legal costs on purchase and furnishings with any funds remaining together with a balance of $1.225 million being able to be expended by the wife in her discretion including applying all or any part of that fund to the purchase of property. The wife seeks a notation that she has expended $9,050,770 on the purchase of her property and associated costs. The remaining balance of about $950,000 was available to her to spend as she sees fit. The husband refers to the wife’s assertion that she has spent some $274,000 on maintenance and upkeep of the home purchased by her; such expenditure is permitted by the terms of the order.
At this stage of the proceedings, he objects to the Court categorising the payment to the wife as provided for in orders made 13 December 2018 and in the present circumstances it is inappropriate that they be so categorised.
Otherwise, the husband notes that the wife seeks to have a retention and adjustment payment received by the husband in the sum of $1,604,213 transferred to a controlled money account. The retention sum was received by the husband on 31 October 2019 at which time the wife’s solicitors were informed. By letter dated 20 January 2020 the wife’s solicitors sought confirmation that the husband would deposit that some into a proposed interest-bearing controlled monies account. They have not agitated that issue since then save for the present application. It is clearly a sum received by the husband that can be adjusted on final settlement.
As to the wife’s financial circumstances, the husband asserts that the parties jointly owned property in City K is currently tenanted and it is his understanding that the rental income is retained by the wife. Notwithstanding not receiving rent, the husband is required to meet his proportion of the income tax liability arising therefrom.
Otherwise, the husband asserts that the jointly owned property at N Street, Suburb G (“the N Street property”) has been privately rented by the wife affording her added rental income of about $2,500 per week.
The husband currently pays child support assessed at the rate of $875.50 per month by regular periodic payments in circumstances where the children are in a shared care arrangement with the husband and wife.
Otherwise, the husband paid to the wife pursuant to court order the sum of $250,000 on 28 August 2018.
The husband makes complaint as to the extent of the wife’s legal costs paid to date and estimated to final hearing which are in the sum of about $1,350,000.
The husband seeks an order that each party receive a further sum of $260,000 from funds held by the wife’s solicitors that total approximately $36.8 million. This notwithstanding that the husband has received the further sum of $1.604 million being the retention and adjustment payment received by him in late October 2019. Those funds appear to remain in his Commonwealth Bank account which as at 11 March 2020 he says had a balance of $1.717 million.

The wife’s evidence

The wife asserts that information and documents referred to in the impugned orders of the registrar are “necessary so that we can complete a Balance Sheet and proceed to a mediation”.
This assertion belies the fact that many of the transactions and/or documents relate to a time prior to or concurrently with the share sale relating to C Pty Ltd in respect to which the wife was separately represented by commercial lawyers at the expense of the husband.
The wife expresses her concerns in relation to the non-disclosure by the husband of some 5.5 per cent of the proceeds of sale of the C Pty Ltd transaction asserting that the sums received equate to only 27.5 per cent of the overall proceeds of sale as against 33 per cent she asserts was to be received.
Much of the complaints made by the wife in her affidavit relate to matters well prior to the final share sale and relate to issues to which the husband no doubt will be taken during the course of his cross examination in an endeavour to demonstrate that there has been some non-disclosure by him.
The wife acknowledges the receipt by her of $250,000 by reason of orders made on 28 August 2018.
On 22 October 2018 an order was made permitting the husband to access the sum of $11,225,000 to complete the purchase of a property in respect of which he precipitously exchanged contracts for purchase notwithstanding there were existing injunctions in relation to the application of the parties’ capital funds. Subsequently, on 13 December 2018, orders were made as referred to above which in total provided to the wife the similar sum of $11,225,000 of which up to $10 million was able to be applied to the purchase of a property and associated costs with any balance remaining then available to the wife as she may choose.
In November 2019 the wife agreed to release about $430,000 from the parties’ capital funds to pay the husband’s outstanding taxation liability notwithstanding at that time the husband had not provided copies of his 2018 or 2019 tax returns. The sum of $425,864 was paid to the Australian Taxation Office on 17 January 2020.
The wife expresses her concern that the husband will expend the funds received by him in the sum of $1,604,213 in late 2019.
Subsequent to the purchase of a real estate property by the wife at FF Street, Suburb GG, there was a balance remaining after allowing for purchase costs of $943,230. The wife asserts that she has expended about $274,000 in relation to the property in the last 12 months leaving a balance of about $669,000 available from the $10 million together with the additional sum of $1,225,000 provided in the same orders. In all, funds available to the wife after the expenditure referred to totalled about $1,894,000.
The wife says she has expended or has funds as follows:
a)$70,880 preparing the parties’ jointly owned N Street property for renting;
b)$14,000 presently remaining in her Commonwealth Bank account;
c)About $600,000 spent on “everyday living expenses” including overseas travel; and
d)Payment of legal fees of about $465,000.
Over 18 months the wife’s everyday living expenses represents a weekly expenditure of about $7,700. The necessity for such expenditure is not readily apparent and the wife’s endeavour to explain same is remarkable in circumstances where she sets out weekly expenses totalling $9,725. Such expenditure includes unspecified sums for Amex/bank fees of $445, gifts $440, groceries and food $670 (noting the children spend equal time with the husband), travel $1,836, payments to third parties $291 and expenses at restaurants, cafes and bars of $187.
Included in her weekly expenses of $9,725 is the sum of $4,864 cash withdrawals which the wife asserts is used to purchase groceries, eat out at restaurants and cafes, purchase of clothes and home accessories and entertain friends in addition to which she pays cash to her cleaners and tradesmen. In addition, she asserts that she has engaged in extravagant entertainment.
Regrettably, the wife provides no evidence of her income including the periodic child support paid by the husband, the rental received by her from the N Street property and the application of rental payments in relation to the parties’ jointly owned Country QQ property. She, otherwise, provides no evidence as to any endeavours to obtain employment in circumstances where the children spend substantial time with the husband.

Discussion

In circumstances whereby the wife was a party to the significant commercial transaction involved in the underlying share sale of the C Pty Ltd entity and was independently represented by commercial lawyers in respect of that transaction, her ongoing endeavour to go back into the general business transactions of those entities prior to sale is without foundation.
The husband, nevertheless, has provided significant information by way of disclosure by him in response to the wife’s requests and, indeed, as the wife herself asserts there has been some 20,000 pages of subpoenaed material produced to the Court and inspected by the parties.
It may be that the husband may be challenged in relation to relevant transactions at hearing with the parties themselves informing the Court at the time of trial directions on 15 June 2020 that the hearing as to property only would take not less than five days.
Notwithstanding that the husband seeks an order that no further subpoena issue in these proceedings without leave of the Court first being obtained, it is inappropriate to make such order in circumstances where such subpoena is issued for a proper purpose. The wife, of course, is at risk of a recipient of any subpoena filing an objection seeking to have such subpoena either dismissed or limited in scope. In such an event she will need to consider that she is at risk in relation to costs if any such objection is upheld.
In the event, of course, that the wife establishes or raises significant suspicions as to non-disclosure the Court could well be at large in relation to its view of the assets and/or financial resources of the husband.
In all of the circumstances orders 4(d) and (e) made by the registrar on 1 April 2020 are set aside.
The circumstances giving rise to interim property payments to both the husband and wife were more fully canvassed in reasons for judgment delivered on 13 December 2018. There has been no significant change in relation to the matters canvassed in those reasons save that the wife has mostly used and expended funds provided to her totalling $11.225 million.
Otherwise, the husband has received a further sum of $1.604 million that he has retained in his personal account with most of those funds, it appears, remaining intact. The wife seeks to have those funds consolidated with the primary capital funds of the parties that remain injunctive.
In all of the circumstances and by way of further capital payment to the wife, it is appropriate that she receive an equivalent sum of $1.604 million from the primary capital sum presently held. The wife will need to be cautious how she expends those sums and provide to the Court at final hearing an accurate and reasonable accounting for such expenditure. To date she has not provided such an accounting except in general terms in relation to about $1.89 million received and expended by her since early 2019.
It is also appropriate and proper that an order be made that the primary capital funds of the parties after payment to the wife of $1.604 million be deposited in an interest-bearing controlled monies account pending further order of the Court.
Otherwise, the husband seeks an order that order 4 made on 22 October 2018 be discharged. Such order provided to the wife viewing access to the husband’s CBA accounts. There is no cogent reason for such order to be discharged particularly in circumstances where both parties continued to be engaged in an ongoing battle as to disclosure and discovery.
Orders will be made accordingly.

I certify that the preceding sixty nine (69) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 3 September 2020.

Associate:

Date: 3 September 2020