Bourke & Bourke (No. 4)

In proceedings before Murphy J, the wife sought orders against a third party, which the third party applied to strike out. The court was required to determine whether the wife's claim against the third party was properly pleaded and particularised, and whether the wife should provide security for the third party's costs. The court also made orders concerning the partial property settlement between the husband and wife.

Murphy J reasoned that the wife's application against the third party lacked sufficient particularisation and required amendment to properly plead her case. The court ordered the wife to file a second further amended application within 14 days, to which the third party would then respond. Adjourning the strike-out hearing, the court also ordered the wife to provide security for the third party's costs in the sum of $20,000, to be paid from the proceeds of the sale of the D property. The wife was also ordered to pay the third party's wasted costs of the day, fixed at $4,000.

In addition to the orders concerning the third party, the court made partial property settlement orders. The M property was to be transferred solely into the wife's name, with the husband to bear the costs of this transfer and to indemnify the wife against mortgage payments until the transfer date. Thereafter, the wife was to indemnify the husband. The proceeds of the sale of the D property were to be paid to the wife. The husband was to retain the B Business and associated company, and to indemnify the wife against all liabilities associated with it. Household furniture was also to remain with the husband. The orders further stipulated that each party would be solely entitled to other property in their possession, with specific provisions for bank accounts and the mutual release of claims to superannuation and similar benefits. Joint tenancies were expressly severed.