Grange and Grange

In *Grange & Grange* [2014] FamCA 81, the Family Court of Australia considered applications made by the husband (Mr Grange) in property adjustment proceedings initiated by the wife (Ms Grange). The husband, who was an undischarged bankrupt, sought various interim orders, including the dismissal of the wife's applications against him and two other respondents, the joinder of his father-in-law and two adult children as respondents, and spousal maintenance. The wife sought to set aside certain property transfers and sought orders for the division of property.

The primary legal issues before the Court were whether the wife's applications should be dismissed due to the husband's bankruptcy, whether the husband's proposed third parties should be joined as respondents, and whether the husband was entitled to spousal maintenance or legal costs funding. The Court also considered the wife's application for the matter to be listed for a default hearing due to alleged non-compliance with disclosure orders by the husband and other respondents.

The Court dismissed the husband's application to dismiss the wife's proceedings, finding no legal merit in the argument that the wife's bankruptcy status should prevent her from pursuing property adjustment orders. Regarding the joinder applications, the Court found no reasonable grounds or arguable cases for joining the wife's father, one adult daughter, or an adult son as respondents, noting the lack of any application for orders against their property and, in one instance, prior litigation determining the husband had no beneficial interest. The husband's applications for spousal maintenance and legal costs funding were also dismissed due to insufficient evidence. The Court adjourned the wife's application for a default hearing for consideration by the Registrar managing the case.

Consequently, all of the husband's applications for interim orders were dismissed. The wife's application for the proceedings to be listed for a default hearing was adjourned for further consideration by the Registrar responsible for case management.