Calvin & Calvin

In *Calvin & Calvin*, Carew J of the Family Court of Australia considered applications for interim property orders between a husband and wife. The dispute concerned the management of a partnership and other entities pending the final resolution of their property proceedings, as well as the management of ongoing expenses and the sale of a specific real property.

The court was required to determine whether restrictions should be placed on the husband's management of the partnership and other entities, and if so, what those restrictions should be. It also had to decide whether to permit the husband to increase borrowings to meet ongoing expenses, or alternatively, whether to order the sale of certain real properties as sought by the wife. Finally, the court needed to determine the method of sale for a particular real property, with the parties disagreeing on whether it should be sold by private treaty or auction.

Regarding the partnership management, the court found that the parties were unable to make timely decisions and therefore ordered that the husband have sole control, subject to seeking the wife's approval for any expense exceeding $25,000. In relation to borrowings, the court determined that the status quo should be maintained as far as possible in these interim proceedings. Consequently, the husband was permitted to apply for an extension of a seasonal market rate facility and an increase in borrowings. As for the real property sale, the court ordered that it be sold by auction, if possible, overriding the husband's proposal for a private treaty sale to the parties' adult son.