Hunter and Hunter

The parties in this matter, the Husband and the Wife, brought their dispute before Forrest J of the Family Court of Australia. The core of the dispute concerned the valuation of various real properties and corporate entities, as well as the disclosure of financial documents and the imposition of injunctions. The proceedings were largely conducted by consent, leading to a series of orders aimed at facilitating the resolution of these financial matters.

The legal issues before the Court primarily involved the appointment of single expert witnesses to value specific assets, the terms and conditions governing these valuations, and the comprehensive disclosure of financial documents by both parties. Additionally, the Court was required to determine the terms of injunctions to restrain the Husband from dealing with assets and incurring liabilities without the Wife's consent, and to establish arrangements for the Wife's continued role as bookkeeper and her access to certain properties. The Court also addressed the partial distribution of funds as a property settlement and the arrangements for mediation.

Forrest J, by consent of the parties, made detailed orders pursuant to Division 15.5.2 of the Family Law Rules 2004. These orders included the joint appointment of H Company to value three real properties located in New South Wales and Queensland, and P Company to value corporate entities in which the parties have an interest, excluding specific shares. The orders stipulated the process for instructing these experts, the provision of information, the timeline for reports, and the equal sharing of valuation costs. Furthermore, extensive orders were made regarding the disclosure of documents, requiring each party to provide specific financial records within prescribed timeframes, including tax returns, superannuation documents, financial statements for businesses and trusts, and other relevant financial information. The Court also issued injunctions restraining the Husband from selling, charging, or encumbering assets, or incurring liabilities exceeding $5,000, without the Wife's written consent, and outlined a specific procedure for agreed expenditures over that amount. The Wife was to continue as bookkeeper, and both parties were to receive a partial property settlement of $75,000 each. The matter was adjourned for mediation with a mediator to be appointed, with costs to be shared equally, and liberty to apply was granted to both parties.