Charonne and Charonne

In the matter of *Charonne and Charonne*, Watt J of the Family Court of Australia considered an application and response filed in December 2007 concerning financial matters between the husband and wife. The specific dispute revolved around the husband's obligation to provide disclosure of documents and the wife's ability to grant a partial withdrawal of a caveat to facilitate a mortgage increase.

The court was required to determine the terms upon which the husband would provide an affidavit of documents and make those documents available for inspection. Additionally, the court had to decide the conditions under which the wife would execute a partial withdrawal of a caveat, specifically to allow the husband to increase a mortgage loan facility on a property to cover existing arrears and an additional sum of $125,000.

Watt J ordered that the husband file and serve an affidavit of documents and make them available for inspection within a specified timeframe. The wife was to instruct her solicitors to execute a partial withdrawal of the caveat, permitting the mortgage increase, upon the husband providing the necessary funds to cover discharge of arrears and the $125,000. The husband was permitted to increase the mortgage loan facility accordingly. The application and response were otherwise dismissed, with the question of costs reserved to the trial judge.