Garrett and Cowell (No. 2)

In *Garrett and Cowell (No. 2)*, Loughnan JR of the Federal Magistrates Court of Australia considered an application concerning interim property and maintenance orders. The dispute involved a husband and wife, with the wife seeking orders relating to the management of a property and ongoing maintenance payments.

The court was required to determine the terms of interim orders concerning the husband's obligation to pay a specific sum to the mortgagee of the matrimonial property and to maintain ongoing mortgage payments. Additionally, the court had to consider the wife's authority to inquire about the mortgage status and her appointment as manager of the property, including the application of rental income towards spousal and child maintenance. The court also addressed the husband's procedural obligations to file and serve responsive documents.

Loughnan JR made orders in terms of a Minute of Proposed Orders. These included extending a previous order, requiring the husband to pay a specific sum to the mortgagee and to maintain ongoing mortgage payments, and authorising the wife to communicate with the mortgagee regarding the mortgage status. The wife was appointed manager of the property, with authority to collect rents and apply them towards spousal and child maintenance, and to account to the husband quarterly. The husband was ordered to file and serve a Response, an updated Financial Statement, and supporting affidavits by a specified date, with provisions for the vacation of adjourned proceedings in the event of non-compliance. The parties were also directed to attend a conciliation conference.