BRIE & BRIE AND ANOR
[2019] FamCA 230
•16 April 2019
FAMILY COURT OF AUSTRALIA
| BRIE & BRIE AND ANOR | [2019] FamCA 230 |
| FAMILY LAW – PRACTICE AND PROCEDURE |
| Family Law Rules 2004 | |||
| APPLICANT: | Mr Brie | ||
| RESPONDENT: | Ms Brie |
| INTERVENOR: | Mr Y Brie |
| FILE NUMBER: | BRC | 10395 | of | 2017 |
| DATE DELIVERED: | 16 April 2019 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Baumann J |
| HEARING DATE: | 10 April 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr P Campton SC |
| SOLICITOR FOR THE APPLICANT: | Phillips Family Law |
| COUNSEL FOR THE RESPONDENT: | Mr M Alexander |
| SOLICITOR FOR THE RESPONDENT: | Quinn Family Law |
| SOLICITOR FOR THE INTERVENOR: | Self-represented |
Orders
That Mr Y Brie be granted leave to intervene in these proceedings, whether they be enforcement of the final consent orders made 7 November 2017 or s 79A application, with the extent of his participation to be directed by the Court from time to time.
That pursuant to Rule 15.44 of the Family Law Rules 2004, a single expert be appointed to report on the current market value of the husband’s interest in (including tax and realisation costs) the following entities (or such other and additional entities as identified by the parties):
a. Z Pty Ltd as trustee for the Z Trust;
b. AA Pty Ltd;
c. BB Pty Ltd;
d. CC Partnership;
e. DD Joint Venture;
f. EE Joint Venture;
g. FF Joint Venture;
h. GG Pty Ltd;
i. HH Pty Ltd;
j. JJ Pty Ltd as trustee for JJ Trust;
k. KK Trust;
l. LL2 Pty Ltd;
m. MM Pty Ltd;
n. NN Pty Ltd;
o. OO Pty Ltd;
p. PP LLC;
q. O Pty Ltd as trustee for the O Trust;
r. QQ Pty Ltd;
s. RR Pty Ltd;
t. Y Pty Ltd;
u. SS Pty Ltd;
v. BB LLC;
w. TT Pty Ltd;
x. UU Pty Ltd;
y. VV Pty Ltd; and
z. Brie Superannuation Fund.
That for the purpose of the appointment of the single expert:
a.unless the single expert is otherwise agreed, the husband shall provide to the wife:
i.the name of three (3) proposed experts; and
ii.a schedule of the qualifications of each proposed expert and an estimate of each proposed expert’s fees.
b.the wife shall nominate one (1) of the proposed experts;
c.in the event that the wife fails to nominate an expert within seven (7) days of receiving the information referred to in Order 3(a) hereof, the husband shall nominate the expert;
d.the single expert shall be provided with a joint letter of instruction;
e.if the parties are unable to agree or for any reason the joint instructions cannot be obtained, they will each provide a statement of facts to the single expert within seven (7) days of the appointment; and
f.the husband will meet the costs of the single expert in the first instance, with the husband having liberty to apply as to the contribution to be made by the wife.
That after the production of the single expert report, the parties do all acts and things to attend mediation and for this purpose:
a.the wife shall provide the husband with the name of three (3) proposed mediators and a list of proposed dates to convene mediation;
b.the husband shall nominate one (1) of the proposed mediators and a date for mediation within seven (7) days of receiving the information referred to in Order 4(a) hereof from the wife; and
c.the parties shall share equally in the costs of the mediator.
That these proceedings be adjourned for Case Management Hearing at 9.30am on 9 August 2019 for trial directions and further consideration of the other persons or entities who may be affected by orders made by the Court after a final hearing, and whether those persons or entities should be given notice of the applications.
That these proceedings be set down for Final Hearing for four (4) days commencing at 10.00am on 8 October 2019 in the Family Court of Australia at Brisbane.
That the costs of the parties of this interim hearing be reserved.
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 Brie & Brie and Anor 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 BRISBANE |
FILE NUMBER: BRC 10395 of 2017
| Mr Brie |
Applicant
And
| Ms Brie |
Respondent
And
| Mr Y Brie |
Intervenor
REASONS FOR JUDGMENT
Background
The parties, the wife Ms Brie and the husband Mr Brie, were married for over 20 years before separating in 2017.
With the apparent benefit of independent legal advice, the parties reached final property orders which were made by this Court on 7 November 2017 (“the said consent orders”). The said consent orders essentially provided for the husband to retain “absolutely without further claim by the Wife” his interests in a number of corporations, trusts and entities (particularised at order 1(b) and described as the “Brie Group”) and some other interests (Order 10), with the wife to receive some significant cash payments (Orders 2 and 3), and for her to retain “absolutely without further claim by the Husband”, various other assets (Order 9). A full copy of the said consent orders is Appendix One to these Reasons.
The wife asserts, and the husband acknowledges, that the husband has not complied with the said consent orders so far as the payment of funds under Order 2 (totalling $4,150,000) and in some other respects.
The wife, on 6 June 2018, filed an Application in a Case seeking enforcement of the said consent orders, which Application has been amended, however after case management by Registrars the Application first came before me on 26 November 2018 in a short causes list.
The essence of the wife’s claims for enforcement sought that she take control of the major interests via a Trustee, so as to enable a possible sale of the husband’s interests in a number of the entities and recovery by her of her entitlement of $4.1 million. As the record will reveal, I expressed at that time some preliminary concerns about the form of the relief and the way it was pleaded. Furthermore, the husband’s brother and business partner Mr Y Brie appeared unrepresented and sought to be heard. Directions were made by which, it was hoped, that the wife’s claimed relief would be clarified and that Mr Y Brie could consider the option of seeking leave to formally intervene. Subsequently on 24 January 2019, Mr Y Brie filed an Application in a Case seeking leave to intervene.
On 19 February 2019, the husband filed an Initiating Application (in effect a cross application against the wife’s pending enforcement Application), seeking to:
a)set aside the said consent orders under either s 79A(1)(a) or s 79A(1)(b) of the Family Law Act 1975 (“the Act”); or
b)assert that the parties’ actions amount to the consent setting aside of the said consent orders pursuant to s 79(1A); and
c)obtain leave to review the Registrar’s decision to make the said consent orders.
In all aspects, the intent of the husband’s applications are that the said consent orders be set aside and the Court consider the making of new property adjustment orders that are just and equitable. At the hearing before me on 10 April 2019, Mr Campton SC pressed and maintained all three “gateways” to the final relief sought.
Mr Alexander of Counsel for the wife expressed with passionate advocacy how the actions of the husband should be seen as late tactics by the husband inconsistent with earlier actions of the husband in respect of offers to pay and allegations of undue influence (since abandoned), and that whilst the husband’s access to the income flowing from the various entities was unrestricted, the wife continues to be financially disadvantaged.
The wife’s Response to Final Orders (sought by the husband) filed on 8 April 2019 seeks the husband’s Application to be dismissed but if the husband’s Application to set aside is allowed, then wife seeks leave to further particularise the relief then sought by her. In that regard, Mr Alexander confirmed that although the wife’s primary position is that the orders not be set aside but enforced, the alternate position of the wife is that the orders be set aside under s 79(1)(c) – namely where the husband has defaulted in carrying out an obligation and in the circumstances that have arisen as a result of that default, it is just and equitable to vary the said consent orders or to set the order aside and make another order.
On 10 April 2019, I made an order not opposed by either the husband or wife that Mr Y Brie have leave to intervene.
After hearing brief oral submissions and considering the written submissions of Senior Counsel for the husband, the Court indicated its preferred case management approach, and the one likely in its view to bring these competing claims to some final conclusion, was to set the matter down for a final hearing. Both parties agreed with this approach, and in circumstances where it was agreed that it would not be appropriate to bifurcate the issues in these s 79A proceedings, a single expert report on the value of the Brie Group would be required. The single expert should be retained to express an opinion as to the value of the husband’s interest in the entities as at 7 November 2017 (the date of the said consent orders) and a current value.
Conclusion
The Court has listed the matter for Final Hearing over four days commencing 8 October 2019. As the Court was informed any single expert would require about 12 weeks to complete a report, a Case Management Hearing is listed before me at 9.30am on 9 August 2019.
At the conclusion of the Case Management Hearing on 10 April 2019, some matters required determination that would shape the directions made, and I deal with them now:
a)Counsel for the wife urged the Court to determine the issues of:
i)whether leave should be granted to the husband to seek to review, out of time, the Registrar’s decision; and
ii)whether the conduct or actions of the parties amount to a consent for the purposes of s 79(1A) of the Act, to a setting aside of the said consent orders.
b)Whilst Mr Alexander strongly contended that to determine these preliminary jurisdictional issues now will have the effect of narrowing the issues at trial and, therefore, reduce costs, Mr Campton SC submitted it is more appropriate to allow these matters to proceed as alternate relief to the hearing and be dealt with at one hearing. I do not foresee the relief, as the alternate to the principal relief under s 79(1)(a), as likely to consume much time or further expense. I propose to deal with all relief ultimately pressed, in the one hearing;
c)At paragraph 3(b) of Senior Counsel’s outline of argument, the husband asserts a failure to afford notice of the s 79 order to “requisite 3rd parties, including but not limited to” a number of persons and entities. Mr Alexander contended that notice to those parties should be given now, so as to avoid the prospect of a delay in the final hearing if persons given notice claim insufficient time to prepare for the hearing. Mr Campton SC says that the persons who should be given notice would be clarified by the report from the single expert, and that after the Case Management Hearing on 9 August 2019 there will be more than sufficient time to give notice. I agree. It is of course important that only those persons likely to be affected by potential orders, if the enforcement is permitted in the manner sought by the wife or if the orders are set aside and new orders for property adjustment being contemplated, are given notice so as to avoid additional costs to the parties. I am comfortable with making a determination as to the parties who should be given notice, on 9 August 2019. I suspect, by that time, the parties, who are competently legally represented, would be likely to have agreed on who should be given notice;
d)The husband sought a variation of Order 3(a) of the said consent orders by quantifying a liability of the husband at $144,000 to be treated as partial property settlement, payable by instalments of $12,000 on the fifteenth day of each month. The wife does not consent to such variation. In my view, absent consent, I am not satisfied I have the power to vary the said consent orders in this way before a determination is made under s 79A to set aside or vary the said consent orders. It may be arguable that the Court could make such an order as a condition of ordering a stay of the wife’s enforcement application (by which the wide powers under s 105 are enlivened), however I have decided in all respects not to vary the order – the effect of which is to delay payments to the fifteenth day of each month and possibly the imposition of default interest; and
e)Otherwise, the orders which I make and are set out at the commencement of these Reasons are, in the exercise of my discretion, appropriate to advance the proceedings towards trial, via the next Case Management Hearing on 9 August 2019.
I certify that the preceding thirteen (13) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Baumann delivered on 15 April 2019.
Associate:
Date: 16 April 2019
APPENDIX ONE
Definitions
In these orders:
a.American Express Card means the American Express card number … in the Husband’s name for which the Wife holds a supplementary card.
b.Brie Group means the following legal entities:
i.Y Pty Ltd;
ii.The CC Partnership;
iii.The EE Joint Venture;
iv.SS Pty Ltd;
v.LL1 Pty Ltd;
vi.JJ Pty Ltd as trustee for the JJ Trust;
vii.Z Pty Ltd;
viii.Z Pty Ltd as trustee for the Z Trust;
ix.O Pty Ltd;
x.The FF Joint Venture;
xi.MM Pty Ltd;
xii.AA Pty Ltd;
xiii.NN Pty Ltd;
xiv.HH Pty Ltd;
xv.OO Pty Ltd trading as OO Australia;
xvi.BB Pty Ltd;
xvii.GG Pty Ltd;
xviii.RR Pty Ltd;
xix.WW Pty Ltd
xx.PP LLC;
xxi.Brie Family Property Fund;
xxii.O Trust;
xxiii.The DD Joint Venture; and
xxiv.Any other company, trust, partnership or legal entity whether in Australia or not in which the Husband has an interest (at law or in equity) whether as director, shareholder, trustee, beneficiary, owner or partner.
c.Frequent Flyer points means points accumulated by the Husband and Wife in the Qantas Frequent Flyer program (member number …09).
d.Fund or Superannuation Fund means Brie Pty Ltd as trustees of the Brie Superannuation Fund in which the Husband and Wife each hold an interest.
e.Life insurance policies means:
i.The Company XX Wealth Protection insurance policies numbered …87, …86, …88, 1…89 held in the name of the Husband; and
ii.Any Life and/or total and permanent disability insurance policy held by the Husband within any superannuation interest to which he is entitled.
f.Principal Sum means the sum of $4,150,000 to be paid by the Husband to the Wife pursuant to these orders.
g.The YY Bank Credit Card means YY Bank Credit card in the joint names of the parties No. …72.
h.Motor vehicle 1 means the Motor vehicle 1 in the Wife’s possession.
Payments to Wife
That the Husband pay or cause to be paid to the Wife the Principal Sum as follows:
a. The sum of $500,000 to be paid on or before 31 March 2018;
b.The further sum of $500,000 to be paid on or before 30 September 2018; and
c.The final sum of $3,150,000 to be paid on or before 31 March 2019
Such payments to be made to such bank account as nominated by the Wife in writing.
That, in addition to the Principal Sum, the Husband will pay or cause to be paid to the Wife the following amounts:
a.The sum of $12,000 per month until the Husband has complied with paragraphs 2(a) and (b) of these orders:
i.The initial payment of $12,000 pursuant to paragraph 3(a) is to be paid as follows:
1. The sum of $6,000 on 1 October 2017; and
2. The sum of $6,000 on 10 October 2017;
b.Upon compliance with paragraph 2(b) above, the sum of $10,000 per month until all monies to be paid to the Wife pursuant to paragraph 2 of these orders have been paid;
c.Subject to the provisions of subparagraph 3(a)(i), all payments pursuant to this paragraph are to be made on the first day of each month
Such payments to be made as directed by the Wife in writing.
That the payments to be made to the Wife pursuant to paragraphs 2 and 3 of these orders are to be paid net of tax and in the event that there is any income tax applicable to the said payments, the Husband is to be solely responsible for an indemnify he Wife against that tax liability.
Other Property
That the Husband will pay or cause to be paid and be solely responsible for the following expenses relating to the Motor vehicle 1:
a. Lease payments as and when they fall due;
b. Registration when due;
c. Comprehensive motor vehicle insurance when due.
That upon completion of the lease for the Motor vehicle 1, the Husband will pay or cause to be paid any residual amount due pursuant to the lease and do all things and sign all documents necessary to cause the Motor vehicle 1 to be transferred to the Wife.
That pending the transfer of the Motor vehicle 1 to the Wife:
a.The Wife will retain the American Express card and use it to meet petrol and maintenance expenses for the Motor vehicle 1 together with any amount up to $200 per week to meet expenses for the parties’ adult daughter, Ms ZZ;
b.The Husband will do all things necessary to provide the Wife with continued use of the American Express card pending the said transfer; and
c.Forthwith upon the transfer of the Motor vehicle 1to the Wife, she will return the American Express card to the Husband.
That on or before 30 June 2018, the Husband will do all things and sign all documents necessary to transfer 400,000 frequent flyer points to the Wife and further the Husband will not take any action to cancel a trip booked by the Wife to India with Ms AB and Ms ZZ in February 2018 which the Wife has booked at the date of these orders.
That the Wife retain absolutely without further claim by the Husband:
a. All monies paid to her pursuant to paragraph 2 and 3 of these orders;
b.The Motor vehicle 1;
c.The 400,000 frequent flyer points to be transferred to her pursuant to paragraph 8 of these orders;
d.The balance of any account held by the [sic] her in any bank or financial institution;
e.The furniture and chattels in her possession;
f.Her personal belongings and jewellery;
g.Her interests in superannuation pursuant to these orders; and
h.Any other property held in the Wife’s sole name, possession or control as at the date of these orders.
That the Husband retain absolutely without further claim by the Wife:
a.His interests in the Brie Group subject to these orders;
b.All frequent flyer points subject to these orders;
c.The balance of any account held by him in any bank or financial institution;
d.The furniture and chattels in his possession;
e.His personal belongings and jewellery;
f.His interests in superannuation pursuant to these orders; and
g.Any other property held in the Husband’s sole name, possession or control as at the date of these orders.
Resignation from Entities
That forthwith upon the payment of the Principal Sum, the Wife do all things and sign all documents necessary to:
a.Resign as director of Z Pty Ltd;
b.Transfer her shareholding in Z Pty Ltd to the Husband;
c.Transfer the balance of any loan account pursuant to which the Wife owes money or is owed money by the Brie Group to the Husband; and
d.Relinquish any entitlement she may have as a beneficiary of any of the trusts within the Brie Group
Provided that the Husband be solely responsible for the preparation of any necessary documents at his cost.
YY Bank Credit Card
That the Husband be solely responsible for and indemnify the Wife against the YY Bank Credit Card liability, and do all things forthwith on the making of these orders to transfer the YY Bank Credit Card to his sole name.
Security
That pending payment of the Principal Sum to the Wife pursuant to these orders, unless the written consent of the Wife is first obtained, the Husband in his personal capacity and as a company director be restrained by himself, his servants, agents and assigns from:
a.Selling, transferring, charging, encumbering, diluting or disposing of any shares held by him in the Brie Group or any other company or trust in which he holds shares or has an interest (“the said companies”);
b.Selling, transferring, charging, encumbering, diluting, disposing of or otherwise dealing with any assets of the said companies except in the ordinary course of business, and the Husband is specifically prohibited from causing the said companies to assign, transfer, sell or further mortgage any rent roll owned by the entity within the said companies;
c.Resigning from any position he holds in the said companies;
d.Appointing or causing to be appointed any further or alternate office bearers in any of the said companies;
e.Causing himself to be removed as a beneficiary of any trusts in which he is a beneficiary (“the said trusts”);
f.Causing to be appointed any further beneficiaries of any of the said trusts;
g.Removing or causing to be removed any trustee of the said trusts;
h.Appointing or causing to be appointed any further or other trustee or trustees of any of the said trusts;
i.Taking or causing any steps or doing any things so as to vary or amend the terms of any Deed of Trust or any statute or regulation or any other instrument governing or relating to the said trusts in any way whatsoever;
j.Engaging in any share, currency or futures trading; or
k.Dealing with, drawing upon, encumbering, mortgaging or otherwise being paid from his interest in the Superannuation Fund.
That by way of security for the Husband’s obligation to pay the Principal Sum, the whole of the Husband’s interest in the Brie Group and the said companies be declared subject to a charge in favour of the Wife.
That by way of security for the Husband’s obligation to pay the principal sum, the 50% shareholding in AA Pty Ltd held by Z Pty Ltd as trustee for the Z Trust be declared subject to a charge in favour of the Wife.
That in the event that the Husband, after first obtaining the consent of the Wife, sells:
a. Any part of the rent roll owned by the Orchid Avenue Pty Ltd; and/or
b.Any real property interest which he holds either personally or through the said companies,
any amount received by the said companies on behalf of the Husband or by any entity which he controls within the said companies, is to be paid to the Wife in payment of the Principal Sum upon settlement of the said sale/s.
Exceptions
That notwithstanding the provisions of paragraph 14 of these orders, the Husband be expressly permitted to:
a. Resign as a director of MM Pty Ltd; and
b.Take any steps necessary to cause O Pty Ltd to be wound up and deregistered
i.The Wife do all things and sign all documents necessary as a Director of O Pty Ltd to cause it to be wound up and deregistered provided that the Husband be responsible for the preparation of any documents.
Life Insurance Policies
That the Husband do all things necessary to:
a.Maintain the life insurance policies, including paying all policy premiums as and when they fall due, until payment to the Wife of the Principal Sum in full; and
b.Provide to the Wife annually, upon renewal of each life insurance policy, evidence that the said policies are being maintained;
c.Prepare a Will which stipulates that upon his death, the Wife is to receive any amount owing to her pursuant to these Orders from the life insurance policies with any balance amount received from the said policies after payment to the Wife to revert to his estate; and
d.Provide a copy of the Will to the Wife upon its execution.
Indemnities
That the Husband indemnify the Wife and keep her indemnified in respect of all claims, debts and liabilities whatsoever arising out of her interest in and/or involvement in the Brie Group (including any liability for taxation including income tax, capital gains tax or fringe benefits tax and any penalties or interest) that arise out of distributions made or purported to be made in the periods prior to the date of these orders.
That the Husband do all things and sign all documents necessary to cause the Wife to be released from any personal guarantee which she has entered into associate with Z Pty Ltd or at all and further that the Husband be solely responsible for and indemnify the Wife against the liability arising from the said personal guarantees.
That the Husband be solely liable for any duty, capital gains tax or any other tax or liability associated with the renouncement of the Wife’s interest from any trust within the Brie Group.
Superannuation
That upon payment of the Principal Sum to the Wife, the parties do all things necessary to jointly notify the trustee of the fund of the Husband’s compliance with paragraph 2 of these orders.
That orders 22 to 24 (inclusive) of these orders are binding on the trustee of the Fund.
That the Husband, in his capacity as a director of Brie Pty Ltd as trustee for the Fund, cause the Fund through its lawful agents to do all acts and sign all documents (at the expense of the Fund) necessary to:
a.If necessary, take such steps as are required as Trustee to amend the Trust Deed establishing the Fund to ensure that the provisions of these orders are given effect;
b.Cause the Fund to be valued by the accountants of the Fund as at 31 March 2019 or the date that the principal sum is paid to the Wife in the event that it is paid in full prior to 31 March 2019 (“the relevant date”);
c.Enable the Wife to roll over her entitlement in the Fund to such other complying superannuation fund as nominated by her, with the Wife’s entitlement in the Fund to be valued as at the relevant date.
That paragraph 23 of these orders has effect from the operative time and the operative time is four days after the service of a sealed copy this order [sic] on the trustee of the Fund.
Miscellaneous
From the date of this order, unless otherwise specified:
a.Each party will be solely entitled to the exclusion of the other to all property and/or financial resources in the possession of such party as at the date of these orders including but not limited to any jewellery, furniture, furnishings, appliances, shares, motor vehicles, debtors, choses in action ad any other property and/or financial resources, whether realty or personally, wheresoever situate and/or of whatsoever kind presently in the possession of or registered in the name of that party;
b.Monies standing to the credit of the parties in any bank account standing in their sole name as at the date of these orders will be the property of the party in whose name such bank account is held;
c.Each party hereby foregoes any claims they may have to any superannuation benefit to or owned by the other. The party in whose name any such policy of superannuation or insurance stands will be deemed to be the sole owner and beneficiary of such policy to the exclusion of the other;
d.Each party will be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders;
e.The parties will be and remain solely responsible for each and every debt/liability standing in their separate names respectively as at the date of these orders, including but not limited to credit card liabilities and debts owing to the Australian Taxation Office, and indemnify the other arty and hold them harmless in relation to any such debt/liability;
f.Each party will be solely liable for and indemnify the other against any taxation liability arising from the transfer to them of any property pursuant to these orders, including but not limited to capital gains tax incurred upon the sale of any property subsequent to these orders.
That any duty levied pursuant to the Duties Act 2001 (Qld) (or equivalent legislation of other States and Territories of the Commonwealth of Australia), payable on transactions arising from these Orders or any documents executed pursuant to these Orders be paid by the transferee spouse or the spouse receiving the benefit of same.
That the parties comply with all requisitions issued by the Office of State Revenue in relation to any document executed or transaction entered into pursuant to, or to put into effect, by these orders. In default of either of the parties complying with any requisitions so issued within 14 days of the date upon which any requisition issues, the party not in default shall be entitled to comply with any of the outstanding requisitions and recover from the other party in default, the costs and outlays incurred in complying with the requisition, such costs to be calculated in accordance with the Family Law Rules.
That in the event that any party to these orders refuses or neglects to comply with any or all of the provisions of these orders, the Registrar or a Deputy Registrar of the Family Court of Australia at Brisbane is hereby appointed pursuant to s 106A of the Family Law Act, to execute all deeds and documents in the name of the Respondent and/or the Applicant and to do all acts and things necessary to give validity and operation to these orders and for the purposes of these Orders, an Affidavit by either party or their respective Solicitors is deemed to be sufficient evidence of non-compliance.
That either party have liberty to apply to this Honourable Court on the giving of seven days’ notice in writing to the other for the interpretation and/or enforcement of the terms and conditions hereof and for consequential Orders.
That the Husband forthwith pay the Wife’s costs of and incidental to the preparation of these orders and the associated Application for Consent Orders.
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