Oswald and Webber

In the matter of Oswald and Webber, heard before Cronin J, the dispute concerned an application filed by the husband on 19 March 2010, to which the wife responded on 21 April 2010. The proceedings involved an application for interim property settlement.

The court was required to determine whether to grant an interim property settlement and to consider the disclosure of documents and the issuance of a subpoena for bank records. Specifically, the court addressed the husband's application and the wife's response, as well as the husband's request for further documentation and access to the wife's financial records.

By consent of the parties, the court ordered that the husband and wife each receive $30,000 from monies held on trust with S V Winter & Company as an interim property settlement. The husband's application and the wife's response were otherwise dismissed. The court also granted the husband's solicitors leave to issue a subpoena to the Commonwealth Bank of Australia to obtain records of any account held by the wife, solely or jointly, from 2003 to the present. Furthermore, the wife was ordered to forthwith provide any further undisclosed documents in her possession or control that were required to satisfy previous orders made on 4 September 2009. The court also certified that it was reasonable to engage counsel and that the reasons for judgment regarding an injunctive application were to be transcribed.