BLOXHAM & BLOXHAM

In the matter of BLOXHAM & BLOXHAM, Foster J of the Family Court of Australia considered an application for review of a registrar's orders concerning disclosure and discovery in family law proceedings. The dispute involved an interim capital payment and the proper treatment of funds arising from a business sale.

The court was required to determine whether the registrar's orders regarding disclosure and discovery should be set aside, and to make orders concerning an interim capital payment to the wife, given previous determinations that had resulted in substantial payments to both parties. A key issue was the husband's retention of a sum of $1.604 million from a business sale, and whether the wife should receive a similar amount.

Foster J reasoned that the question of non-disclosure was a matter to be ventilated at the final hearing, leading to the setting aside of certain registrar's orders. Regarding the interim capital payment, the court found it proper for the wife to receive a sum equivalent to that retained by the husband from the business sale. Consequently, orders were made for the payment of $1.604 million to the wife, with the characterisation of this sum reserved for the final trial.

The court further ordered that the remaining balance of primary capital funds, approximately $33 million, be paid into an interest-bearing controlled money account held by the wife's solicitors, pending further order. The husband's application and the wife's response concerning disclosure and discovery were dismissed, and costs were reserved.