Hawthorn & Hawthorn & Anor

The proceedings before Bennett J involved a dispute between a wife and her husband, who was the first respondent, and a second named respondent. The core of the dispute concerned injunctive relief and directions related to financial matters, particularly concerning distributions from the Hawthorn Family Trust and other entities.

The court was required to determine the appropriate interim orders regarding the disclosure of financial documents and the preservation of assets pending further hearings. Specifically, the court needed to consider applications and evidence from the parties concerning injunctive relief and to establish a timetable for the exchange of further materials. The court also had to decide on the terms of interim restraints on the husband's ability to deal with certain funds.

In its reasoning, the court made orders by consent and by further order of the court. By consent, the husband and the second respondent were ordered to deliver specific documents relating to distributions from the Hawthorn Family Trust, the T Unit Trust, and S Pty Ltd, including valuations and correspondence concerning restructuring. The court further ordered that pending a mention date, the husband was restrained from dealing with the balance of consideration for the transfer of his units in the T Unit Trust, save for a limited withdrawal for his support. Additionally, the husband was restrained from dealing with any income tax refund due to him or received, with directions for its investment.