Cutress and Cutress

The parties to this proceeding were Mr Cutress (the husband) and Mrs Cutress (the wife), and the matter came before Gill J in the Federal Circuit and Family Court of Australia. The dispute concerned various property and financial matters arising from the parties' separation, including the valuation of certain properties, the management of a self-managed superannuation fund, and the disposition of business interests.

The court was required to determine the appropriate orders concerning the valuation of properties in Suburb C and Suburb D, the appointment of an accountant for the Cutress Self Managed Superannuation Fund, and whether to grant an injunction restraining the husband from dealing with his interests in Cutress Pty Ltd and the business trading as “E Pty Ltd”. Additionally, the court considered the dismissal of the wife's response to an application in a case and her amended outline document, as well as the husband's application for exclusive occupation of a property. The court also addressed the husband's potential application for costs.

By consent, the court ordered that the parties instruct a valuer to update the valuation reports for the Suburb C and Suburb D properties and appoint an accountant to manage the financial compliance and taxation matters of the Cutress Self Managed Superannuation Fund. Furthermore, the court granted an injunction, by consent, restraining the husband from selling, disposing of, encumbering, or otherwise dealing with his interest in Cutress Pty Ltd and/or the business trading as “E Pty Ltd” without the wife's prior written consent. The wife's response and amended outline document were otherwise dismissed, as was the husband's application for exclusive occupation of the F Street property. The husband's application for costs was to proceed only if he filed and served evidence and submissions within 21 days, failing which it would be treated as discontinued.