NASCIMBENE & NASCIMBENE

In this matter before Bennett J, the wife sought interim property orders, including the sale of certain assets, pending the final determination of property proceedings. The husband sought leave to file and rely upon an affidavit and a Notice of Address for Service. The core of the dispute revolved around the husband's obligation to provide funds to the wife for spousal maintenance arrears and prospective maintenance, as well as the sale of specific properties and shares to satisfy a debt to the National Australia Bank.

The court was required to determine whether it was just and equitable and otherwise appropriate to make orders for the interim sale of shares and real property. Specifically, the court had to consider the husband's capacity to sell shares to the net value of $50,000, the allocation of these funds towards spousal maintenance arrears and prospective payments, and the immediate sale of identified real estate and a business to satisfy a significant debt. The court also had to address the wife's application for costs.

Bennett J ordered that the husband have leave to file his affidavit and a Notice of Address for Service. Crucially, the court ordered the husband, in his capacity as a director of Business C Pty Ltd and personally, to forthwith sell shares to the net value of $50,000. This sum was to be paid to the wife as a part property settlement, specifically to cover spousal maintenance arrears of $16,000, prospective spousal maintenance of $30,000, and rate arrears of $4,029. The parties were further directed to sell identified real estate and Business C, with the net proceeds to be paid to the National Australia Bank to satisfy a specified debt. The wife's costs of and incidental to her application were reserved for subsequent determination. The wife's application in a Case filed on 10 May 2019 was otherwise dismissed, with the application for final orders remaining listed for hearing.