Markell and Markell

This matter concerned applications for interim orders between a husband and wife, heard by Forrest J. The dispute involved the management and utilisation of a joint loan account and re-draw facility, as well as other property and procedural matters.

The court was required to determine whether to grant interim orders authorising the wife to manage a specific Westpac loan account, including the removal of any freeze, the reinstallation of a re-draw facility solely under her authority, and the specific purposes for which she could draw on that facility. Further issues included authorising the wife to negotiate an increase to the re-draw facility limit and determining the fate of other interim applications and procedural directions.

Forrest J reasoned that it was appropriate to grant the wife sole signatory authority over the re-draw facility on loan account number ...93, subject to specific conditions. These conditions permitted her to use the facility for interest payments, property expenses such as rates, insurance, and maintenance for two specified properties, and payments on another account. The wife was also authorised to negotiate an increase in the facility limit, with a liberty to apply for court orders if the husband's signature was unobtainable. Other interim applications were dismissed, and procedural directions were vacated and rescheduled. The court also discharged previous orders for single expert valuations of real properties. The proceedings were to be judge-managed by Forrest J, with a further mention scheduled. The husband was ordered to notify the wife's solicitors in writing of the outcome of his High Court special leave application concerning his criminal conviction appeal, after which the wife's solicitors were to inform the court to seek listing for trial. The wife's costs of the applications were reserved to the trial judge.