CURRAN & DURANT

This matter came before Johnston J concerning orders sought by the Husband and Wife. The dispute involved the former matrimonial home, a property located at B Street, Suburb A, and another property at F Street, Suburb G, as well as the Husband's interest in a self-managed superannuation fund. The proceedings were initiated by an Application in a Case filed by the Husband on 7 April 2015.

The court was required to determine the terms of consent orders to be made between the parties. These orders addressed the withdrawal of a caveat on the former matrimonial home, the Husband's ability to encumber that property for a specific purpose, and the provision of documentation relating to any such encumbrance. Further issues included the Wife's sole occupation of the home, the Husband's access to it, and the allocation of responsibility for various outgoings and loan payments associated with both properties. The court also considered orders restraining the Husband from increasing indebtedness on the Suburb G Property and from dealing with his interest in the SMSF, as well as ongoing spousal maintenance and the dismissal of the Husband's application.

By consent, the court made orders reflecting a negotiated settlement. The Wife was ordered to withdraw a caveat on the matrimonial home, with costs to be paid by the Husband. The Husband was permitted to encumber the home for a loan not exceeding $2,000,000 to fund a specific project, provided he supplied relevant loan documentation to the Wife. The Wife was granted sole occupation of the home, with the Husband to have reasonable access by agreement, and the Husband was to be responsible for all rates, taxes, insurance, utilities, and mortgage payments on the home, as well as all loan payments on the Suburb G Property. The Husband was restrained from increasing indebtedness on the Suburb G Property and from dealing with his SMSF interest without the Wife's consent. The Husband was to continue paying $4,000 per month to the Wife. The court also made provision for the Registrar of the Family Court to execute documents if the Wife refused, with the Wife to pay the Husband's costs in that regard. The Husband's application was otherwise dismissed, with costs reserved for both parties in relation to that application.