MERRICK & DENARD (No.2)

In the Federal Circuit Court of Australia, Judge Howard considered an application by the Applicant for interlocutory injunctions against the Respondent concerning the proposed sale of a rental business. The dispute centred on the Applicant's need for information and access to facilitate the sale, which was a significant asset in the context of their family law proceedings.

The court was required to determine the extent of disclosure the Respondent should provide regarding the sale of the rental business, including authorising communication with relevant parties and disclosing all correspondence and documents pertaining to negotiations, proposed sale prices, draft agreements, and marketing efforts. The court also needed to consider the timing for compliance with previous orders and the scheduling of a final hearing.

Judge Howard reasoned that full and frank disclosure was essential for the proper conduct of family law property proceedings, particularly when a significant asset was being sold. The court applied principles requiring parties to cooperate in the realisation of assets and to provide necessary information to enable the other party to assess the value and terms of any proposed transaction. The court ordered that the Respondent provide written authorisation for the Applicant and her solicitor to communicate with specific individuals and entities involved in the sale, and to disclose all communications and documents relating to the sale of the rental business. The time for compliance with a previous order was extended, costs were reserved, and the matter was adjourned for a final hearing.