HADFIELD & HADFIELD

This matter concerned financial proceedings between the applicant wife and the respondent husband. The court was required to make interim orders regarding the use of a motor vehicle, the interim distribution of property, and the interim sale of the former matrimonial home. The court also addressed the valuation of certain assets and the priority for a final hearing.

The legal issues before the court included the provision of a motor vehicle for the wife's sole use, the disbursement of funds from a joint account for specific expenses including child tuition, property valuations, legal fees, and living expenses for the wife. The court also considered the sale of real properties, the valuation of commercial interests, and the disclosure of financial documents and information. Further issues involved the husband's restraint from disposing of or encumbering property and the wife's obligation to disclose particulars of furniture and chattels sold.

Bennett J made a series of orders addressing these issues. The husband was directed to ensure the wife had sole use of a BMW motor vehicle and to cover its associated costs. Funds were to be released from a joint account for child education expenses, valuations of the former matrimonial home and commercial interests, legal disbursements, and for the wife's use. The parties were ordered to list three real properties for sale and to obtain recommendations for reserve prices. The court also ordered that the husband, his servants, and agents be restrained from disposing of or encumbering property, with specific exceptions.

The court fixed the matter for a final hearing on 16 March 2015, estimating it would take five days, with the applicant to pay the setting down and hearing fees. The parties were directed to engage in private mediation on 30 January 2015, with specific instructions for the mediator and legal representatives. The court also made orders regarding the disclosure of costs and information to clients and the court, and the availability of expert witnesses for the mediation. Liberty to apply was granted generally, and the parties were to notify the court if the matter resolved prior to the hearing date.