Mitford and Mitford & Ors

In the matter of Mitford and Mitford & Ors, Berman J considered applications by the wife for interim orders concerning property settlement and discovery of documents. The dispute involved the wife's right of occupation at the matrimonial home, known as the B Homestead, pending final property settlement, and the husband's and a related trust's concerns about potential interference with farming operations and the presence of guests. The wife sought to retain the matrimonial home as part of the settlement.

The court was required to determine whether the wife should have a right of occupation at the B Homestead and, if so, what conditions should be imposed on that occupation. Additionally, the court had to consider the extent of discovery of documents to be provided by the husband, specifically relating to his List of Documents and financial information concerning the Mitford Family Trust.

Berman J granted the wife the right of occupation at the B Homestead but imposed significant restrictions to address the husband's concerns. These restrictions included restraining the wife from interfering with the farming operations of B Pty Ltd, engaging with farming staff, or entering areas of the farm outside the homestead and its curtilage. The wife was also prohibited from allowing other persons to reside at the homestead for more than 72 hours in her absence or permitting illicit drug use on the property. The wife was ordered to grant access to the property to employees of B Pty Ltd and personnel, including the husband, upon reasonable notice. Furthermore, the husband was ordered to produce specific documents from his List of Documents, along with financial statements for the Mitford Family Trust for the years ending 30 June 2015, 2016, and 2017, and any independent valuation report for the trust's property.