Felix and Tatum

In the matter of Felix and Tatum, heard before Rees J, the wife sought orders concerning funds received by the husband from B Pty Limited. The dispute centred on the husband's obligation to preserve these funds pending the determination of the wife's application.

The primary legal issue before the court was whether to make an interim order restraining the husband from dealing with the funds received from B Pty Limited, to ensure their availability for the wife's application. This involved considering the principles governing the preservation of assets in family law proceedings.

Rees J reasoned that it was appropriate to make an order for the preservation of the funds. The court ordered that the husband place $60,000 of the funds received from B Pty Limited into his solicitors' trust account, or a controlled monies account, to be held pending the determination of the wife's application. The balance of the wife's Second Amended Application in a Case was referred to a Registrar for directions.