PARSONS & KIDSON

In the matter of PARSONS & KIDSON, the wife sought the sale of a property, payment of $300,000 to each party, and the balance to be paid into a controlled moneys account. The husband opposed the sale of the property, and had been out of paid employment since February. The proceedings were before the Court on an interim basis, with trial dates nearing allocation.

The Court was required to determine whether to permit the wife to draw down a sum of money against a facility secured on a jointly owned property by way of interim property settlement, and whether to permit the husband to draw on the same facility to meet his obligations under earlier court orders.

Loughnan J reasoned that an interim property settlement was appropriate given the circumstances. The Court ordered that the parties sign all necessary documents to allow the wife to draw down $200,000 from the NAB line of credit secured on the property at Suburb C, New South Wales, as an interim property settlement. The Court also ordered that the parties sign all necessary documents to permit the husband to draw on the same facility to meet his obligations pursuant to specific earlier orders made on 31 October 2014. Further, the husband was ordered to notify the wife's solicitor of the terms of any paid employment offer as soon as practicable after securing it. Leave was granted to restore the proceedings to the list on seven days' notice, and the question of costs was reserved.