Martin and Martin

In the matter of Martin and Martin, Young J considered an application by the wife concerning property interests arising from the sale of properties at 6 and 7 B Street, Victoria. The dispute involved the husband's alleged interest in the proceeds of sale, which he had secured by lodging a joint caveat. The wife sought orders to restrain the husband from dealing with this interest and to have it assigned to her to be held on trust pending further proceedings.

The court was required to determine whether to grant interlocutory orders restraining the husband from dealing with his alleged interest in the B Street property sale proceeds and whether to order the assignment of that interest to the wife. Additionally, the court needed to address the husband's obligations regarding the filing of responses to the wife's applications, the provision of financial statements, and the disclosure of relevant documents. The court also had to set a date for the hearing of these applications.

By consent, Young J ordered that the husband be restrained from transferring, dealing with, disposing of, or diminishing the value of any interest he may have arising from the concluded agreement for the sale of the B Street properties. The husband was also ordered to forthwith assign any such interest to the wife, to be held on trust pending further hearing or finalisation of proceedings. Furthermore, the husband was restrained from dealing with other property interests, save in the usual course of business and upon giving written notice to the wife's solicitors. The husband was directed to file and serve responses to the wife's applications, an affidavit, and an updated financial statement within twenty-eight days. He was also ordered to provide certain documents within the same timeframe, subject to any objections. The extant applications of the wife were adjourned for hearing before Young J on 9 September 2010, at which time the husband's responses were also to be listed. The costs of the appearance were reserved.