Nagel (deceased) and Nagel and Anor

In the matter of Nagel (deceased) and Nagel and Anor, Benjamin J of the Family Court of Australia considered applications filed by the respondent and the applicant. The dispute concerned interim property and costs orders.

The court was required to determine the terms of interim property orders and interim costs orders, and to make directions regarding the attendance of the respondent husband at a hearing and the filing of an affidavit detailing his financial interests and liabilities.

Benjamin J ordered that the respondent husband sign documents to facilitate the payment of $120,000 into the trust account of the wife's legal personal representative and $35,000 into his own solicitors' trust account. These payments were to be made from funds held outside of Australia and New Zealand, excluding recently repatriated funds. The payments were to be made *pari passu*, with the $35,000 representing 35/155ths of any available funds and the $120,000 representing 120/155ths. The costs of the day were reserved. Directions were also made for a warrant to issue for the respondent husband's attendance at a hearing and for him to file an affidavit detailing his legal and equitable interests in property and any liabilities, excluding his liability to the intervener.