Pericles & Hopman (No. 2)

In the matter of *Pericles & Hopman (No. 2)*, Bennett J of the Family Court of Australia considered an application by the husband, Mr Hopman, concerning the distribution of funds pending an appeal lodged by the wife, Ms Pericles. The dispute arose from orders made on 23 April 2021, and the husband sought to dismiss an application filed on 10 June 2021.

The central legal issue before the Court was how to manage funds paid to satisfy the earlier orders, specifically whether to release the full amount to the respondent wife or to retain a portion pending the outcome of the applicant wife's appeal. The Court was required to determine the conditions under which any payment made should be released and to consider whether any restraint should be placed on the wife's acquisition or dealing with property.

Bennett J dismissed the husband's application. The Court ordered that a payment made to satisfy the 23 April 2021 orders be paid into the trust account of Lander and Rogers Solicitors. This sum was to be reduced to $2,253,805, with the outstanding balance to be invested in an interest-bearing account for the respondent. Release of these funds was restricted to meeting the wife's legal costs and completing the purchase of real property registered in her sole name, provided her equity in that property was not less than 70% of the purchase price. Furthermore, if the wife acquired property, she was restrained by injunction from dealing with her interest in a manner that would lessen her equity, unless the Court ordered otherwise or the husband consented in writing. Costs were reserved for determination at the same time as the wife's application for costs of the proceedings at first instance.