Daniels and Findlay

The case involved an application by the wife concerning access to transcripts and subpoenaed material, and a subsequent property settlement between the wife and the husband. The matter was heard by Dessau J.

The court was required to determine the terms of the property settlement, including the division of assets and liabilities between the parties, the discharge of a caveat, the transfer of shares, the distribution of funds from a superannuation fund, the amendment and lodgement of tax returns for various companies, the winding up of companies, and the payment of dividends. The court also had to address the allocation of tax liabilities and stamp duties arising from these transactions, as well as the costs of the proceedings.

Dessau J ordered that the wife be permitted to obtain transcripts of evidence at her expense and to access subpoenaed material and exhibits under supervision. In relation to the property settlement, the wife was to retain assets valued at $389,371, including a property, monies owed by her sister, a motorhome, a wine collection, and various bank accounts. The husband was to discharge a caveat over the property and instruct solicitors to distribute funds held on trust, with a significant portion allocated to the husband, after payment of taxes and accounting fees, and the balance to be divided equally. The husband was also to retain his superannuation entitlement. The orders further detailed the process for transferring shares and monies between the parties, the responsibilities for tax liabilities arising from these transfers and dividend payments, and the winding up of several companies. The wife was ordered to pay $50,000 towards the husband's costs.