Border and Border and Ors

This matter came before Justice Fowler in the Family Court of Australia. The proceedings involved an applicant wife and a respondent husband, with additional respondents being joined to the proceedings. The dispute concerned various applications, including those for joinder of parties, service of documents, adjournment of proceedings, and applications relating to the husband's shares in G Limited and a loan made to Mr M.

The court was required to determine several legal issues. These included whether to grant leave for the joinder of the 2nd, 3rd, and 4th respondents, the terms upon which documents produced by subpoena could be inspected, and the conditions for an adjournment of the proceedings, particularly in light of the husband's reported hospitalisation. Furthermore, the court had to consider applications for leave to photocopy and publish documents to the Legal Services Commissioner, and crucially, applications by the wife for orders concerning the husband's shares in G Limited and the loan to Mr M, including the transfer of shares and the calling up of the loan for specific application.

Justice Fowler made a series of orders addressing these issues. Leave was granted to join the 2nd, 3rd, and 4th respondents, and directions were given for the filing of notices of address for service and the service of evidence. Leave was granted for the husband to make an oral application for an adjournment, and the matter was adjourned to a date to be fixed, with several outstanding applications to be determined. The wife was granted leave to photocopy documents and publish them to the Legal Services Commissioner. Crucially, the court granted the wife leave, upon an undertaking as to damages, to make oral applications that the husband forthwith transfer 1,220,000 shares in G Limited to the wife as trustee for sale, and to direct Mr M to pay $390,000 from a loan advance to the wife's solicitors. These proceeds were to be applied towards child support and spousal maintenance, or legal costs, with their ultimate characterisation reserved to the trial judge. The husband was also restrained from dealing with his G Limited shares pending further order.

The court further ordered that the wife's solicitors hold funds received from Mr M in a controlled monies account. The husband was ordered to take necessary steps to transfer the specified shares to the wife, who was to hold them on trust for sale, with proceeds to be applied in a specified priority. Leave was granted to Mr M to apply regarding the loan order. The wife's costs were reserved, and the matter was adjourned for further hearing.