Owen & Owen (No. 4)

In the matter of *Owen & Owen (No. 4)*, Gill J of the Family Court of Australia considered an application by Ms Owen (the applicant) against Mr Owen and Ms A Owen (the respondents). The dispute concerned the protection of the parties' current rights pending consideration of an application under section 79A of the *Family Law Act 1975* (Cth).

The court was required to determine the appropriate interim orders to maintain the status quo and prevent dissipation of assets or the creation of further liabilities. Specifically, the court needed to address the ongoing responsibility for a fixed-rate loan secured on the H Town Property, the potential for demands from L Bank, and the management and disposition of other properties and company shares. The court also considered the need for disclosure of financial information and the procedural steps for the upcoming section 79A proceedings.

Gill J applied the principles of the balance of convenience to protect current rights. The court ordered that existing orders continue pending the first respondent's release from a guarantee, requiring the first respondent to submit a request to L Bank for removal from the loan. Upon the bank's confirmation of the first respondent's release, the applicant was to provide certification of her sole responsibility for the H Town Property borrowings. The court also imposed restraints on the first and second respondents regarding the G Town Property and K Pty Ltd, and on both parties concerning the D Town Property, requiring 28 days' notice before dealing with these assets. Further orders mandated the applicant to pay mortgage payments for the H Town Property, required the first respondent to provide verified answers to specific questions, and set directions for the filing of responses and affidavit evidence for the section 79A proceedings. Liberty was granted to serve documents on relevant parties to ensure the effectiveness of the orders.