Morrow and Morrow

In *Morrow & Morrow* [2013] FamCA 367, the Family Court of Australia considered an application by the wife for various interim orders, including injunctions restraining the husband from dealing with commercial entities he controlled, the provision of financial documents, and spousal and child maintenance. The husband opposed some of these applications. The wife also initially sought lump sum spousal maintenance and interim property settlement, but these were not pursued at the hearing.

The primary legal issues before the Court were whether to grant injunctions restraining the husband's dealings with his assets, whether to order the husband to provide specific financial documents and trading information, and whether to make orders for spousal and child maintenance. The Court also had to determine the husband's obligations regarding the sale of a jointly owned property.

The Court found that the husband had failed to provide adequate disclosure regarding the parties' financial position. Specifically, the Court noted that the husband had gambled significant, unquantified funds, failed to account for $850,000 from the sale of a business, and did not properly account for approximately $156,000 withdrawn from the mortgage on the former matrimonial home. In light of this lack of disclosure and the wife's expectation of substantial funds at separation, the Court considered it appropriate to grant the injunctions sought by the wife, restraining the husband from dealing with his assets other than in the ordinary course of business. The Court also ordered the husband to provide the requested financial documents and trading information. Furthermore, the husband conceded that the threshold for spousal maintenance was met, and despite his unsatisfactory evidence regarding income and assets, the Court was satisfied that his disclosed assets and income were understated.

The Court made orders by consent for the sale of a property at B Street, Town C, with the proceeds to be distributed after sale costs, rates, and mortgage discharge, with the balance paid into a controlled money account. The Court also ordered the husband to pay spousal maintenance of $600 per week and child maintenance of $750 per week, along with the children's education expenses and health insurance. The husband was also ordered to meet the outgoings on the former matrimonial home. The Registrar of the Court was appointed to execute documents if either party refused to do so.