Hawthorn and Hawthorn (No 2)

This matter concerned proceedings between a husband and wife, with a second respondent also involved. The dispute revolved around property settlement and spousal maintenance. The court, presided over by Bennett J, issued a series of consent orders addressing various aspects of the case, including the scheduling of a final hearing, a private mediation, and the appointment of expert witnesses.

The court was required to determine the terms of interim orders concerning the preservation and distribution of funds, the appointment of single expert witnesses to value specific trust interests and employment-related perquisites, and the appointment of property valuers. Additionally, the court needed to establish directions for the conduct of a private mediation, including the representation of parties by their trial counsel and the reporting of mediation outcomes to the court. The court also addressed the disclosure of costs and expenses to clients and the provision of this information to the court and mediator.

In its reasoning, the court applied principles of procedural fairness and the efficient conduct of litigation. The orders reflected a consent between the parties, aiming to facilitate a resolution through private mediation while preserving assets and ensuring the timely gathering of expert evidence. The court emphasised the importance of parties complying with their obligations regarding mediation preparation, noting that failure to do so could lead to the vacation of future hearing and mediation orders.

By consent, the court ordered that the matter be fixed for final hearing on 5 February 2012. It also ordered interim restraints on the husband and second respondent dealing with specific funds, with provisions for partial property settlement and payments towards spousal maintenance and mortgage instalments. Further orders directed the appointment of single expert witnesses for valuations of trust interests and employment entitlements, and property valuers as required. The court also made detailed directions for a private mediation on 3 December 2012, including the attendance of trial counsel and the reporting of outcomes. Finally, the court ordered the dismissal of all other interim applications.