Laudani and Laudani and Anor

This matter came before Bennett J concerning a dispute between the husband and wife, identified as the parties. The proceedings involved the drawing down of funds secured against the former matrimonial home, the provision of documentation relating to chattel mortgages and associated cross-collateralisation, and arrangements for a private mediation. The court also addressed the availability of expert witnesses and the disclosure of costs incurred by the parties.

The legal issues before the court included the proper procedure for accessing and disbursing funds from the former matrimonial home, the disclosure obligations of the husband regarding chattel mortgages and related correspondence with ANZ Banking Corporation Ltd, and the conduct of the upcoming private mediation. The court was also required to determine how the parties should be represented at the mediation, the role of the mediator in reporting on the outcome, and the availability of expert evidence. Furthermore, the court considered the disclosure of costs and expenses to the parties and the process for obtaining a valuation report from P Accountants.

Bennett J made several orders to facilitate the resolution of the dispute. These included directions for the husband and wife to draw down $20,000 from their former matrimonial home, with the funds to be held by the wife's solicitors for disbursement to P Accountants and then by agreement or further order. The husband was also ordered to provide specific documentation and correspondence relating to chattel mortgages. The court set out detailed arrangements for the private mediation, including the requirement for counsel retained for the trial to attend, and directed the mediator to report the outcome to the court's associate. The court also mandated the availability of expert witnesses and required practitioners to provide clients with detailed cost information. Finally, the court ordered P Accountants to release a draft valuation report for review by the parties.