Hartwell and Hartwell

In the matter of *Hartwell and Hartwell*, heard before Macmillan J, the wife sought final orders against the husband. The dispute concerned the precise nature of the wife's claims and the legal basis upon which they were brought.

The primary legal issue before the court was to determine the specific claims the wife intended to pursue against the husband and to ensure these claims were properly particularised. This included identifying whether the claims were brought under the accrued jurisdiction of the court, or pursuant to sections 78, 79, or Part VIIIAA of the *Family Law Act 1975* (Cth), or otherwise. The court also needed to ascertain the precise legal basis and nature of each claim, such as constructive or express trusts, and the relief sought in respect of them.

Macmillan J ordered that all extant applications for final orders be allocated to a judicial docket for the purpose of listing the matter for final hearing as soon as practicable. Furthermore, the wife was directed to file and serve upon the husband, by 4.00 pm on 3 July 2017, a statement of claim. This statement was to clearly set out the wife's claims, including their legal and factual basis, and provide sufficient particulars to enable the husband to understand the allegations and the issues to be determined.