Clements and Clements (No. 2)

This matter concerned applications by the husband and wife for costs, and related financial and property orders, before Benjamin J in the Federal Circuit and Family Court of Australia. The proceedings arose from a property settlement dispute between the parties.

The court was required to determine the appropriate orders regarding the costs of the proceedings, the payment of specific debts and accounts from a joint bank account, and the management and sale of property held within a superannuation fund. The court also needed to address the dismissal of extant applications made by the parties.

Benjamin J dismissed the respective costs applications of both the husband and the wife. The court ordered the wife to pay the husband $8,640, representing interest on an amount previously ordered under property settlement. The husband was authorised to make specific payments from a St George bank account to the Australian Taxation Office, solicitors, and various entities, totalling $14,659.12. Further, the husband was authorised to pay up to an additional $50,000 from the same account for accounts related to properties owned by the N Superannuation Fund, subject to providing the wife with 14 days' notice and a copy of the invoice. Both parties were granted liberty to apply to the court regarding issues with the sale of the superannuation fund property and for any difficulties arising from the financial orders for a period of six months. All extant applications in the case were dismissed.