Frost & Fielding & Anor

This matter concerned proceedings between an Applicant and two Respondents, the First and Second Respondents. The dispute involved the division of property and financial matters. The proceedings were heard by Hogan J.

The court was required to determine various issues including the transfer of proceedings to a different registry, the interim costs associated with a property, the appointment of a single expert to value interests in companies and trusts, the appointment of experts to value real property, disclosure of financial documents, and the convening of mediation. The court also made a partial property order.

The court's reasoning and the legal principles applied are reflected in the consent orders made. The First Respondent was ordered to meet all costs associated with his sole use and occupation of the B Street property, including mortgage payments, rates, insurance, and maintenance, and to indemnify the Applicant. The parties were to jointly instruct an expert, Ms E, to value interests in specified companies and trusts, with costs to be shared equally. Similarly, experts were to be jointly instructed to value interests in various real properties, with the lower quote to be accepted and costs shared equally. The court also mandated the exchange of documents and financial statements by a specific date and ordered the convening of mediation.

By consent, the proceedings were transferred to the Newcastle Registry of the Family Court of Australia. A partial property order was made, requiring the First Respondent or an entity he controls to pay a total of $140,000 to a trust account by specified dates. All outstanding interim applications were dismissed.