Canvil and Merle

Bell J considered financial and children's proceedings between a Husband and Wife. The dispute concerned the distribution of approximately $240,000 in net sale proceeds from the parties' property at Suburb B, and arrangements for the children to spend time with the Father.

The court was required to determine how the net sale proceeds should be dealt with pending the final resolution of the property settlement, and to make orders regarding the children's time with the Father, including supervision arrangements and the allocation of costs. The court also needed to consider the Wife's access to funds for legal expenses and to grant an injunction to restrain her from dealing with the sale proceeds otherwise than as ordered.

Bell J ordered that the net sale proceeds be paid to the Wife's mortgagee bank for a mortgage offset account on the property at Suburb C. This was to be done without prejudice to either party's rights to argue about contributions or to seek property adjustment orders at trial. The Wife was permitted to use $40,000 of these funds for her legal expenses. An injunction was granted restraining the Wife from dealing with the remaining proceeds otherwise than in accordance with the order. Regarding the children, L and F, they were to spend time with the Father supervised for eight hours each alternate Saturday and Sunday, with the Father bearing the cost of supervision. The Mother was ordered to forward any serious medical reports concerning the children to the Father via the Independent Children's Lawyer.