Ferguson and Ferguson

This matter concerned orders made by Judicial Registrar Loughnan in proceedings between a husband and wife. The dispute involved the division of matrimonial assets and the provision of financial support pending final property settlement.

The court was required to determine the terms of interim orders concerning the management and disposition of matrimonial assets, including the former matrimonial home, investments, and superannuation. Additionally, the court needed to establish provisions for spousal maintenance, the payment of specific debts and expenses, and the continuation of health insurance and school fees for the children.

Judicial Registrar Loughnan made orders allowing the wife to elect how to raise $200,000 from various assets, including by extending borrowings on the former matrimonial home, selling the property, drawing on superannuation, or selling investments. These funds were to be held in a controlled moneys account, with specific directions for their disbursement, including for the costs of compliance, weekly payments to the wife, a balloon payment on a motor vehicle, and legal costs. The husband was restrained from encumbering or selling certain assets without the wife's consent, and orders were made for the husband to maintain health insurance for the family and pay school fees for a child. The character of the payments was noted as a matter for the Trial Judge.