Kendling and Kendling

In the matter of *Kendling and Kendling*, Justice O'Ryan considered an application concerning financial matters between the parties. The dispute involved the husband's obligation to pay a sum of money, with the ultimate allocation of that sum to be determined at a later stage.

The central legal issue before the court was the immediate disposition of funds pending a final determination of property settlement, maintenance, and costs. Specifically, the court had to decide whether to order the husband to pay a substantial sum and how that payment should be provisionally treated.

Justice O'Ryan ordered that the husband pay $1,000,000 into the trust account of the wife's solicitors by 4:00 pm on 29 February 2008. The court reserved the determination of whether this sum would be considered part of the property settlement, maintenance for the wife, or payment of costs to the trial judge at the final hearing. Crucially, any monies received by the wife were to be utilised on account of her costs in prosecuting her claims, including solicitor, counsel, accountant, valuer, and other legal costs and disbursements. The wife was required to account for these monies at the final hearing.