Donne and Kamau and Anor

In the Federal Circuit Court of Australia, Judge C. E. Kirton QC considered an application by the Wife for interim property orders against the Husband and a Second Respondent. The dispute involved a claim for a part property settlement in favour of the Wife, with issues arising concerning the abridgment of time for service and the husband's alleged breaches of intervention orders.

The primary legal issue before the court was whether it was just and equitable to make interim property orders, specifically a part property settlement of $120,000 in favour of the Wife. The court also had to determine whether to dispense with service of the Wife's application on the respondents and deem them served, and whether to apply provisions relating to cross-examination in circumstances involving family violence.

The court reasoned that a final property settlement would likely result in a sum sufficient to cover the proposed interim payment. Applying principles relevant to interim hearings under section 79 of the *Family Law Act 1975* (Cth), the court found it was in the interests of justice to make the part property settlement order. The court also made orders deeming the respondents served and directed that the sum of $120,000 be paid to the Wife forthwith from trust funds. Further orders were made regarding the filing of documents by the Husband and the potential for the Wife to proceed on an undefended basis if compliance was not met. The court also requested assistance from Victoria Legal Aid under the cross-examination scheme for the Husband and Second Respondent, noting that personal cross-examination of the Wife would not be permitted.