Daniels and Findlay

The parties in this matter were the wife and the husband, and the dispute concerned various financial and procedural issues arising in the context of family law proceedings. The decision was made by Dessau J in the Family Court of Australia.

The court was required to determine a range of interlocutory matters, including the wife's application to withdraw a previous application, the production of medical reports and financial statements, the sale and valuation of a motor home, the conduct of an audit of a company, the payment of outstanding monies, the rollover of term deposit accounts, and the provision of company meeting minutes. The court also needed to set dates for a final hearing and a procedural mention.

Dessau J made a series of orders addressing these matters. The wife was granted leave to withdraw an application and was directed to provide a report from her General Practitioner regarding her ongoing medical conditions and associated expenses. She was also ordered to endeavour to sell a motor home located in the United Kingdom, accounting for any proceeds, and to obtain independent valuations if the sale was unsuccessful. The court further ordered an audit of Y Company (UK) Ltd by B Chartered Accountants, with specific timeframes for the audit and the provision of auditable accounts by the wife. Costs for the audit were capped and to be paid from monies held on trust. Other orders dealt with the filing of financial statements and a joint balance sheet, the payment of monies owed to N Company, the rollover of fixed term deposit accounts, and the wife's communication with her surgeon regarding upcoming surgery. The husband's solicitors were directed to provide copies of certain company meeting minutes to the wife. Finally, existing applications were adjourned for a final hearing, with a telephone mention to be conducted by the Registrar prior to that date.