Crimmins and Montagu

In the matter of *Crimmins and Montagu*, Watts J of the Supreme Court of Victoria was required to determine the appropriate orders concerning the parties' interests in a company and a family trust, as well as their superannuation fund, in circumstances that appear to involve a dispute between a husband and wife.

The central legal issues before the Court were how to ensure the wife's ongoing involvement and control in the management and assets of B Pty Ltd, the Montagu Family Trust, and the Montagu Family Superannuation Fund, and to restrict the husband's unilateral dealings with assets held by these entities. The Court also considered the joint management of certain bank accounts.

Watts J ordered that the husband take all necessary steps to irrevocably appoint the wife as a director of B Pty Ltd and as an appointor of the Montagu Family Trust. Furthermore, neither party was permitted to appoint another appointor without mutual consent. The Court also directed that B Pty Ltd, as trustee of the Montagu Family Trust, transfer all units in the C Trust to the Montagu Family Superannuation Fund, and that future distributions from the C Trust be deposited into the superannuation fund. The husband was restricted from dealing with assets of the superannuation fund, trust, and company without the wife's written consent and signature. Finally, the wife was ordered to reinstate the husband's access to a specific superannuation fund bank account, with all transactions on that and other accounts requiring joint signatures.