Lake and Brand

In the matter of *Lake and Brand*, heard before Macmillan J of the Family Court of Australia, the wife sought orders concerning a property located at B Street, C Town, Victoria. The dispute involved a caveat lodged by the husband on the title of this property, which the wife sought to have withdrawn. The wife also sought to restrain the husband from further encumbering her interest in the property and requested the husband to file and serve various documents in relation to her application.

The court was required to determine whether to appoint the Registrar of the Family Court to sign a withdrawal of the caveat lodged by the husband, and whether to restrain the husband from lodging further caveats or encumbering the wife's interest in the property. Additionally, the court needed to consider the procedural steps required of the husband regarding the wife's application filed on 4 June 2014, including the filing of a response, supporting affidavit, and financial statement.

Macmillan J ordered that the Registrar be appointed to sign the withdrawal of the caveat and that the husband be restrained from lodging further caveats or encumbering the wife's interest in the property. The husband was also ordered to file and serve his response, affidavit, and financial statement by a specified date. The court reserved the wife's costs and granted liberty to the wife to apply for her application to proceed undefended should the husband fail to comply with the orders. The wife's application was otherwise adjourned to the Judicial Duty List.