COSTA & COSTA

This matter concerned orders made by Cleary J in proceedings between a husband and wife. The dispute involved the operation of a company, the occupation of a property, a company vehicle, and undertakings regarding legal proceedings.

The court was required to determine various issues, including the control and operation of the parties' joint company, the wife's involvement in the company's day-to-day business, and her ability to communicate with company contacts. Additionally, the court considered the wife's occupation of a property, relocation expenses, and the provision of a company vehicle. The court also addressed undertakings given by both parties concerning outstanding costs and the progression of separate legal proceedings.

Cleary J made orders that, among other things, required the husband and wife, as directors of the company, to reactivate its bank accounts with both parties as joint signatories, with the wife requiring the husband's written authority to operate them. The wife was restrained from participating in the daily running of the business, approaching or communicating with company contacts, or representing she had authority to act for the company without the husband's express written consent. The wife was ordered to vacate the jointly occupied property by a specified date, with the husband to pay her relocation expenses. The husband was ordered to deliver a company vehicle to the wife and to ensure its registration and insurance were maintained. The husband undertook to pay outstanding orthodontist costs, and the wife undertook to stay proceedings she had commenced in the Fair Work Commission. All outstanding interim applications were dismissed.