Facchinello and Facchinello

In the matter of *Facchinello and Facchinello*, Kent J of the Federal Court of Australia considered an application by the Wife to dismiss an application in a case filed by her on 23 February 2012, contingent upon an undertaking provided by the Husband. The dispute also involved an order for the provision of a compact disc recording of trial proceedings that had previously occurred before Federal Magistrate Cassidy.

The primary legal issue before Kent J was whether to dismiss the Wife's application in a case, and the terms upon which this dismissal would be granted. This was directly linked to the Husband's proposed undertaking regarding his conduct in relation to the Facchinello Superannuation Fund and the Facchinello Unit Trust.

Kent J made orders dismissing the Wife's application, conditional upon the Husband providing a specific undertaking. This undertaking stipulated that the Husband would not, with the intention of accessing funds or dealing with assets of the Facchinello Superannuation Fund or the Facchinello Unit Trust, perform any act or instruct any third party to perform any act, unless he obtained the Wife's written consent. The costs of the applications were adjourned to the trial.