Deerborne and Firkom

In the matter of Deerborne and Firkom, Cronin J of the Family Court of Australia made orders concerning financial matters and procedural steps in proceedings between the husband and wife. The dispute involved the husband's entitlement to funds from his mother's estate and the wife's application concerning contravention.

The court was required to determine whether to restrain the husband from dissipating funds received or due to be received from the settlement of proceedings relating to his mother's estate. Additionally, the court considered procedural matters including the filing and service of financial statements and affidavits by both parties, the amendment and listing of the wife's contravention application, and the deemed service of documents on the husband.

Cronin J ordered that the husband be restrained from using or dissipating any monies received or due to be received from the settlement of his mother's estate. To give effect to this, the parties were ordered to place such funds in an interest-bearing trust account in their joint names, with no disbursement except by court order or written agreement. The court also set timelines for the filing of financial documents and granted the wife leave to amend her contravention application, which was adjourned for further hearing. Provisions were made for deemed service of documents on the husband and for the wife to proceed on an undefended basis if the husband failed to comply with certain orders.