MOLLISON & MOLLISON

In *Mollison & Mollison*, heard by Dawe J, the wife sought interim orders for either costs or property settlement totalling $230,000 to enable her to meet the ongoing expenses of the proceedings. The husband opposed paying this sum directly, proposing instead to transfer assets to the wife. The wife contended that the husband controlled assets sufficient to meet the requested amount, and that she was unable to fund the litigation without it.

The court was required to determine whether it was just and equitable to make an interim order for property settlement in the sum sought by the wife, and to consider the appropriate method of valuation for the parties' various properties. The wife's inability to fund the proceedings and the husband's control over assets capable of satisfying the claim were central to the application.

Dawe J reasoned that given the wife's financial predicament in continuing the proceedings and the husband's apparent capacity to provide the funds, an interim property settlement was warranted. The court ordered the husband to pay $230,000 to the wife's solicitor's trust account as an interim property settlement. Additionally, by consent, the respondent was ordered to provide extensive disclosure of his assets, liabilities, and financial circumstances, including details of various properties, a self-managed superannuation fund, and overseas interests. The court also appointed a single expert, tentatively identified as J Real Estate, to value specific properties. The husband was further directed to file an affidavit detailing his evidence regarding the value of certain properties. The costs of this application were reserved for the final hearing.