Fowler and Fowler

This matter concerned an application by the wife in proceedings between the husband and wife, heard by Dessau J. The dispute related to the husband's compliance with certain property orders made by consent on 25 November 2009, specifically concerning the sale of a business and the distribution of proceeds.

The court was required to determine the precise obligations of the husband in relation to the settlement of the sale of the business and the provision of evidence of his compliance with the earlier property orders. Further, the court needed to address the implications of any changes to the anticipated settlement date of the business sale and the potential shortfall in funds available to meet certain payment obligations.

Dessau J made orders clarifying the husband's duty to notify the wife's solicitors in writing upon settlement of the business sale, confirming compliance with specified paragraphs of the 2009 property orders and providing supporting evidence. The court also ordered that any changes to the settlement date must be promptly communicated to the wife's solicitors, along with reasons. In relation to potential shortfalls in meeting obligations under paragraphs 3(d), 3(e), and 4(f) of the 2009 orders, the court clarified that these payments were to be met from the husband's share of the sale proceeds of "T Street" if that property settled before the business. If the husband's share of the T Street proceeds was insufficient, he retained the obligation to meet these payments from the business sale proceeds. The husband was also ordered to pay the wife's costs of the application.