Malone and Malone and Ors

In the proceedings before Watts J, the parties involved were the wife, the husband, and subsequently joined respondents B Trust (by its trustee A Pty Ltd) and Mr C Malone. The dispute concerned various applications and orders sought by the wife, including those relating to spousal maintenance, the management and enforcement of mortgages over a property, and the distribution of funds from a trust.

The court was required to determine several legal issues, including whether to join B Trust and Mr C Malone as respondents, the wife's entitlement to certain orders she sought, and the appropriate interim orders to be made pending further determination of property settlement and spousal maintenance. Specifically, the court considered applications for injunctions to restrain dealings with a property, a motor vehicle, and the powers of an appointor of a trust, as well as orders concerning payments from a superannuation fund and spousal maintenance.

Watts J made several orders by consent, including the joinder of B Trust and Mr C Malone as respondents. The court dismissed the wife's application for an order in terms of paragraph 3 of Exhibit 2 and paragraph 5 of Exhibit 2. Pending further determination, the court imposed various restraints, including restraining the 3rd respondent from exercising his powers as appointor of B Trust, restraining the 2nd and 3rd respondents from enforcing mortgages over the E Town property, and restraining the husband from further dealing with that property. The court also ordered interim spousal maintenance for the wife and made directions regarding payments from the husband's superannuation interest, pursuant to sections 90MU(1)(a) and (b) of the *Family Law Act 1975* (Cth). Further orders restrained B Trust from providing funds or making distributions without providing the wife with 28 days' notice. Costs were reserved, and a case assessment conference was vacated, with leave granted to approach the Registrar for a conciliation conference, subject to the 3rd respondent filing an affidavit detailing past trust distributions.