Clement and Clement and Ors

This matter came before Foster J concerning a dispute between the applicant wife and the respondents, identified as the husband, the second respondent, and the third respondent. The core of the dispute involved the wife's occupation of her current residence and associated property, as well as disclosure of financial and estate planning information.

The court was required to determine several issues, including the wife's right to exclusive occupation of her residence and surrounding areas, and to restrain the respondents from interfering with this occupation. Additionally, the court needed to address the disclosure of estate planning documents and advice, loan agreements, financial statements, management accounts, and tax returns. The court also considered the husband's responsibility for the costs of updating a property valuation report.

Foster J made orders by consent and without admission. The husband was ordered to pay concurrently to the wife any amounts he paid for his legal fees and disbursements. The court also restrained the husband and the other respondents from interfering with the wife's occupation of her residence, granting her exclusive use and occupation of that area. Furthermore, the respondents were ordered to disclose specific estate planning documents, loan agreements, financial statements, management accounts, and tax returns within stipulated timeframes. Finally, the husband was directed to initially meet the costs of updating a valuation report.