Gull & Rickett (No 2)

This matter came before Murphy J concerning a dispute between Gull and Rickett. The proceedings involved applications and responses filed by both the husband and wife, with the court ultimately making orders regarding financial disclosure, the husband's payment obligations, and the management of proceeds from the sale of the former matrimonial home.

The court was required to determine the appropriate interim financial orders and injunctions to be put in place pending the final resolution of the proceedings. This included deciding which of the parties' interlocutory applications should be dismissed and what restrictions, if any, should be placed on the husband's ability to deal with his finances and incur further debt. The court also considered how any funds arising from the sale of the former matrimonial home should be managed.

Murphy J ordered that each party provide written authority to financial institutions to disclose information to the other. Several paragraphs from the husband's application and the wife's response were dismissed. Crucially, the husband was restrained from paying any creditor other than Westpac, provided the Westpac mortgage over the D property was in arrears or default, with exceptions for specific vehicle and credit card repayments. Furthermore, the husband was enjoined from incurring further borrowing with Westpac or increasing credit limits. The net proceeds of sale of the former matrimonial home, if sold due to Westpac's actions, were to be placed into a joint trust account with the wife's solicitors, to be invested and held pending agreement or further court order. The hearing of costs was adjourned to the final hearing.