Mullins & Ors and Mullins & Ors

In the proceedings before Forrest J, the applicants, Mullins & Ors, sought various orders concerning the conduct of the litigation. The dispute involved the valuation of interests in a company, B1, and the financial affairs of related entities. A key application concerned the removal of B3 Pty Ltd as the Fourth Respondent.

The court was required to determine whether B3 Pty Ltd should be removed as a party, whether E Pty Ltd should be joined as the Fifth Respondent, and the scope of forensic accounting instructions to be given to Mr F of G Accountants. Further issues included the payment of Mr F's costs and the mechanism for funding the husband's legal representation.

Forrest J dismissed the application to remove B3 Pty Ltd as the Fourth Respondent, thereby allowing it to remain a party. The court ordered that E Pty Ltd be joined as the Fifth Respondent. The instructions to Mr F were enlarged to include a forensic examination and evaluation of the records of the Second Applicant, the Fourth Respondent, and the Fifth Respondent from the 2013 financial year to June 2017, specifically to determine the value of the husband's and wife's interests in B1 as at 30 June 2017, including any amounts owing by the Fourth or Fifth Respondents to the Second Applicant. The court also made orders regarding the payment of Mr F's costs, to be borne in the first instance by the Respondents, with the ultimate allocation to be determined by the Trial Judge. Additionally, orders were made for the Respondents to pay an equivalent amount to the husband's solicitors for his legal costs each time they paid their own legal representatives.