Cordwell & Cordwell

In the matter of PAC 6137 of 2018, Ms Cordwell (the applicant wife) and Mr Cordwell (the respondent husband) sought various interim property orders and orders for enforcement. The proceedings were before Foster J, with the matter awaiting allocation of final hearing dates.

The court was required to determine which of the interim property issues were appropriate for determination at this stage, and which should await the final hearing. Specifically, the court considered the sale of a property co-owned by the parties and their superannuation fund, and other interim financial matters.

Foster J determined that it was appropriate for an order for the sale of the property, located at B Street, Suburb C, New South Wales, to be made. The proceeds of sale were to be applied in a specific order of priority, including payment of sale expenses, the superannuation fund's share, a sum of $50,000 to the wife (with its categorisation reserved for final hearing), and the balance to a joint NAB home loan account. The court also made orders restraining the parties from further encumbering the property and from increasing the balance of the specified home loan account pending further order. Furthermore, the court ordered the parties to take steps to finalise the superannuation fund's tax returns and financial statements, and to obtain advice regarding tax liabilities arising from the property sale.

Otherwise, all outstanding interim applications were dismissed, and costs were reserved to the final hearing. Liberty to apply was granted regarding the implementation or enforcement of these orders.