Boston and Boston (No 2)

In proceedings before Dawe J, the husband and wife were engaged in a dispute concerning property settlement. The central issue revolved around the husband's obligation to provide assurances regarding the former matrimonial home, specifically that outstanding debts would be paid or that the wife would not be evicted or face forced sale pending final property settlement. The court was also required to determine the procedural path forward for the final hearing of the property settlement proceedings, depending on the husband's compliance with court orders.

The court's reasoning focused on ensuring certainty and progress in the property settlement. Dawe J outlined a conditional timeline for the filing of an "assurance affidavit" by the husband, which would confirm the status of debts related to the matrimonial home with the ANZ Bank and Suburb EE City Council. The court stipulated that if this affidavit was filed, the property settlement proceedings would proceed to a final hearing with specific disclosure and filing requirements for the husband, including updated evidence and a detailed Case Outline. Conversely, if the assurance affidavit was not filed, the proceedings would be listed for an undefended hearing.

The court's orders established a clear framework for the progression of the case. If the husband filed the assurance affidavit by the stipulated deadline, the matter would be listed for a final hearing of eight days, with numerous interim deadlines for the husband to file and serve various documents, including proposed minutes of orders, evidence, a financial statement, and a Case Outline. The husband was also granted leave to obtain an updated valuation of the former matrimonial home and to issue subpoenas for certain witnesses, subject to specific conditions. If the husband failed to comply with these interim orders, the proceedings would be listed for a three-day undefended hearing. The court also mandated the exchange of significant financial documentation between the parties.