Mitzou and Roubanis

The case of Mitzou and Roubanis involved an application before Berman J concerning the financial arrangements and operation of a business, "Business D," and associated companies, "B Pty Ltd" and "C Pty Ltd." The dispute centred on the management of funds arising from a settlement in Supreme Court of Victoria proceedings, the ongoing operation of the business, and the financial obligations of the parties.

The court was required to determine several key issues, including how settlement funds should be managed and secured, the terms under which the business would continue to operate, the division of responsibilities for its management, and the provision of financial information to the parties. Additionally, the court needed to address the payment of various liabilities, including loan repayments, personal credit card expenses, accounting fees, and rent, as well as the preparation of a financial report on the business's viability and solvency. The court also had to consider the extent to which each party could withdraw funds for personal use from the business's accounts.

Berman J made a series of orders aimed at preserving the assets and ensuring the orderly operation of the business pending further resolution. The court ordered that settlement funds be placed in an interest-bearing account, subject to strict conditions on disbursement. The respondent wife was directed to facilitate the continued operation of "Business D," while the applicant husband was permitted to conduct its ordinary course of business, with specific provisions for the reinstatement and use of trading accounts. The husband was also ordered to provide detailed financial information to the wife on a fortnightly basis and to respond to reasonable requests for information. The court further stipulated the order of priority for payments from business income or settlement funds, including loan repayments, personal credit card expenses, and legal fees. Injunctions were granted to restrain the husband from personal use of company credit cards and to prevent either party from withdrawing funds for personal use from the business, with limited weekly allowances permitted for each. The parties were also ordered to jointly instruct an accounting firm to prepare a financial report on the business's viability and solvency.