Chadbourne & Chadbourne

This matter concerned interim proceedings between Ms Chadbourne (the wife) and Mr Chadbourne (the husband) regarding the conduct and valuation of their jointly owned business, B Group Pty Ltd, the exclusive occupancy of the former matrimonial home, and parenting arrangements for their two young children. The proceedings were before Justice Costigan in the Federal Circuit Court of Australia.

The court was required to determine several legal issues, including whether to grant the wife exclusive occupancy of the former matrimonial home, the terms of injunctions to preserve the assets of the business B Group Pty Ltd, and the process for valuing the business by a single court-appointed expert. Additionally, the court considered the parties' obligations regarding a child dispute conference.

Justice Costigan reasoned that due to the high level of conflict between the parties, it was necessary to grant one party exclusive occupation of the former matrimonial home to minimise further disputes. While acknowledging the wife's desire to remain in the home, the court found she had not established financial hardship and had alternative accommodation options. The court also noted the husband's need for a base to operate his business and store equipment. Consequently, the court made orders restraining both parties from dealing with the business's assets without proper notice, requiring the husband to transfer funds and sell specific equipment, and granting the wife access to business accounts and records. The court also ordered the appointment of a single expert to value the business, with costs to be borne equally.

The court ordered that the husband transfer specified funds within 72 hours and take steps to sell a mini-excavator and plant trailer, with the proceeds to be paid into a designated account. The wife was restrained from operating or withdrawing from the business's bank accounts. The husband was also restrained from divesting business assets without providing 28 days' written notice to the wife, detailing the sale method, price, and fund application. The wife was granted view access to business accounts and records. The parties were ordered to jointly instruct a court expert to value the company, with the wife's solicitor to prepare the letter of instruction within seven days. A child dispute conference was scheduled for 19 May 2021, and the matter was adjourned for an interim hearing on 9 June 2021.