PADNALL & PADNALL

In the matter of *Padnall & Padnall*, Berman J of the Family Court of Australia considered an application concerning the financial affairs of a divorcing couple, specifically relating to the former matrimonial home. The dispute centred on the utilisation of a mortgage redraw facility secured over this property.

The court was required to determine how funds from the mortgage redraw facility should be allocated and for what purposes. Specifically, the court needed to decide on the distribution of funds for legal fees for both the husband and wife, as well as a sum to discharge the wife's credit card liability. The court also had to consider the dismissal of the wife's Response filed on 10 April 2014 and her Application in a Case filed on 6 May 2014.

Berman J ordered that both the husband and wife were to take all necessary steps to enable the drawing down of the mortgage redraw facility. The funds were to be disbursed in a specific manner: $45,000 to the husband's solicitors' trust account for his legal fees, costs, and disbursements; $50,000 to the wife's solicitors' trust account for her legal fees, costs, and disbursements, contingent upon her instructing solicitors and filing a Notice of Address for Service; and $6,191 directly to the wife for the purpose of discharging her Visa credit card liability. The court further ordered the dismissal of the wife's Response and Application in a Case, adjourning further consideration of the proceedings.