MacDougal and Benson & Anor

In the matter of MacDougal and Benson & Anor, Justice Macmillan of the Family Court of Australia considered an application by the wife for interim property orders, which was opposed by the husband. The wife sought payment of outstanding debts, and a final hearing was imminent.

The primary legal issues before the court were whether the wife's application for interim property orders should be consolidated with the applications for final orders, and the terms of any interim orders to be made in light of the impending final hearing. The court also had to determine the practical steps required to prepare for the final hearing, including the valuation of certain properties and the assessment of tax liabilities.

Justice Macmillan ordered that the wife's application be consolidated with the applications for final orders and adjourned for hearing on 27 April 2015. By consent between the husband and wife, orders were made for the immediate instruction of a single expert property valuer to prepare updated sworn valuations for specific properties, with the costs to be met jointly from funds held on trust. Further, each party was ordered to instruct accountants to prepare assessments of estimated tax liabilities and updated capital gains tax calculations, with the costs of these assessments also to be paid jointly. An updated Statement of Financial Circumstances was also to be filed and served by each party.