DITTMAR & DITTMAR

This matter came before Le Poer Trench J concerning interim orders sought by the wife against the husband. The dispute centred on the financial arrangements and asset management of the parties pending the final determination of their proceedings.

The court was required to determine the appropriate interim orders for spousal maintenance, the management and distribution of funds from the D Trust, and the preservation of various assets. Key issues included the husband's income, the wife's financial needs, and the characterisation of payments made from trust funds. The court also considered the husband's ability to access and manage his financial resources and the need for injunctive relief to protect the parties' respective interests.

Le Poer Trench J made detailed orders regarding interim spousal maintenance, requiring the husband to pay the mortgage instalments on the former matrimonial home and to ensure specific monthly sums were drawn from the D Trust for the wife and himself. The husband was also ordered to pay any remuneration exceeding $6,600 per week into the D Trust. Further provisions allowed for additional draws from the D Trust under certain conditions, including matching payments to the wife, and permitted withdrawals from other nominated assets with the wife's consent or matching payments. The court also imposed significant restraints on the husband's ability to deal with various trust funds, properties, and shares, pending further order, with a provision for the husband to apply to vary these injunctions. The characterisation of all funds drawn was to abide the determination of the trial judge.