EPAMINONDAS & EPAMINONDAS

Berman J made orders concerning financial matters in proceedings between a husband and wife. The dispute involved the financial affairs of two companies, B Pty Ltd and C Pty Ltd, and the Epaminondas Family Trust, all of which were allegedly controlled by the husband. The wife sought orders to ensure transparency and preservation of assets within these entities.

The court was required to determine the appropriate interim orders to manage the financial affairs of the parties and the subject entities pending further determination. Key issues included the provision of financial information and access to accounts, the refinancing of debts, the preservation of assets, interim distributions, and the valuation of various assets including real property and company interests. The court also considered the joinder and disjoinder of parties and the dismissal of outstanding interim proceedings.

Berman J ordered the husband to provide the wife with monthly statements and accounting records for B Pty Ltd, C Pty Ltd, and the Epaminondas Family Trust, along with internet access to relevant online banking platforms. The parties were ordered to cooperate in refinancing company debts with the National Australia Bank if the terms were not disadvantageous. Injunctions were granted restraining the parties from dealing with the assets of the companies and the trust without court order or mutual consent. The court also ordered interim weekly distributions from B Pty Ltd to each party, with restrictions on further personal drawings. Furthermore, the court directed joint instructions for valuations of various real properties and the parties' interests in C Pty Ltd, with B Pty Ltd to bear the costs of some valuations. The husband was to manage the day-to-day operations of C Pty Ltd, subject to his compliance with disclosure obligations, and the wife's access to business premises was limited. Finally, J Pty Ltd and Mr K Epaminondas were disjoined from the proceedings, and all other outstanding interim proceedings were dismissed, with costs reserved.