Kushing and Kushing

This matter came before Carter J concerning a dispute between a husband and wife. The core of the dispute involved allegations of financial impropriety concerning a company, a business, and a family trust, with specific claims made by each party regarding the removal of funds and unauthorised expenditure.

The court was required to determine the appropriate procedural steps to facilitate a thorough investigation of the financial affairs of the entities in question. Key issues included the appointment of an independent expert to conduct an audit, the scope of that audit, and the mechanism for resolving disagreements regarding the expert's appointment and instructions. The court also had to address the disclosure of financial documents and records by both parties, as well as establish interim arrangements for salary, credit card expenditure, and the payment of specific debts and levies.

Carter J ordered the appointment of a single expert witness to conduct an audit of the company, business, and trust from the 2004 financial year onwards. The parties were directed to confer to agree on an auditor, with a fallback mechanism involving a list of proposed experts and court determination if agreement could not be reached. The court provided detailed instructions for the audit, including specific allegations of unauthorised fund removals by the wife and expenditure by the husband. Provisions were made for the equal sharing of the auditor's costs in the first instance, with liberty to seek adjustment at trial. The orders also mandated extensive disclosure of documents by both parties, established monthly reporting of expenditure, and prohibited cheques drawn to "Cash." Interim financial arrangements were put in place, including weekly salary payments and monthly credit card expenditure allowances for each party, along with the payment of specific debts and levies.