Imbardelli and Imbardelli & Ors

This matter concerned an application by the wife seeking the enforcement of interim consent orders made in property settlement proceedings. The husband had failed to comply with his obligations under these orders, specifically regarding the payment of monies owed to the wife. The court was required to address the sale of real property owned by the parties to facilitate the interim distribution of funds, and the removal of caveats lodged by third parties over this property.

The central legal issues before the court were the enforcement of the existing consent orders, the management and sale of a specific property to satisfy outstanding payments, and the resolution of claims by third-party caveators. The court also had to determine the appropriate procedure for the third-party caveators to pursue repayment of monies allegedly owed to them by the husband, and to manage the husband's interests in various entities and properties, including those of a company and a family trust.

McEvoy J ordered the discharge of certain previous orders and appointed the wife as agent for the sale of the property. The proceeds of sale were to be applied first to the costs of sale, then to satisfy the wife's entitlement under the consent orders, followed by a partial property settlement payment to the husband. A further sum was to be held to secure the husband's asserted loans from his family members, with the balance to be held in trust pending further agreement or court order. The court also joined the husband's brother and two other individuals as respondents, restraining them from exercising powers over a company and requiring them to apply for repayment of their alleged loans within 28 days, failing which their caveats were to be removed and they would be removed as parties. The husband was ordered to pay the wife's costs on an indemnity basis.