Merrill and Burt (No 4)

In the matter of *Merrill and Burt (No 4)*, Berman J of the Family Court of Australia considered applications by both the wife and the husband concerning property settlement and related procedural matters. The wife sought to ascertain and potentially crystallise any outstanding liabilities with the Australian Taxation Office (ATO) concerning several companies, while the husband disputed the existence of such a liability. The husband also sought to introduce further evidence arising from defamation proceedings, which he contended was relevant to the potential ATO liability.

The court was required to determine whether to allow the husband to adduce further evidence from defamation proceedings, and whether to grant the wife leave to obtain a deed of settlement from the ATO regarding the tax liabilities of specified companies. Additionally, the court considered the husband's application for an extension of time to file written submissions and the wife's request for leave to file submissions in reply.

Berman J dismissed the husband's application to adduce further evidence from the defamation proceedings, finding that it would not assist the court in determining the possible ATO liability. The court varied previous orders to permit the wife to request a draft settlement agreement from the ATO concerning the tax liabilities of five named companies. Upon receipt, the wife was to forward a copy of this draft agreement to the husband and was at liberty to file an affidavit annexing the draft agreement and a copy of the judgment or order concluding the defamation proceedings. The husband's application for an extension of time to file his final written submissions was allowed, as was the wife's application for leave to file written submissions in reply, with specific timelines set for each. The applications in a case filed by the wife and the husband's response were dismissed.