Leng and Lau & Anor

In this matter before Justice Loughnan, the wife sought interlocutory orders, while the husband sought both interlocutory and final orders. The court made numerous orders largely in line with the wife's application, adjourned the interim proceedings, and made interim orders that could be varied on the adjourned date. Various orders were stayed until the adjourned date, and directions were made for the final hearing.

The court was required to determine the terms of interlocutory relief to be granted pending further order, including restraining orders against the husband and the second respondent concerning company records, property, and superannuation entitlements. Additionally, the court needed to establish directions for the final hearing, including dispensing with a conciliation conference, setting a trial date, and outlining the filing and service requirements for amended applications, responses, affidavits, financial statements, and expert evidence. The court also considered the discharge of a previous order appointing a forensic accounting expert and the adducing of independent expert evidence on various asset valuations.

Justice Loughnan applied principles of family law concerning interim proceedings and the preservation of assets. The court issued extensive restraining orders against the husband to prevent him from varying ASIC records, interfering with the use and possession of the E Street property, dealing with the M Superannuation Fund, or disposing of the Suburb H property or his shares in B Pty Limited. The second respondent was also restrained from approaching the E Street property. The court also made detailed directions for the final hearing, including a four-day commencement date in January 2015, and specified the content and timing for various filings, including expert reports and joint statements from experts. The court noted that certain previous orders would continue in force and that the question of costs would be adjourned to the trial.