Piper & Piper

In the matter of *Piper & Piper*, heard by Young J, the applicant, Mr Piper, and the respondent, Ms Piper, presented a dispute concerning the distribution of proceeds from the sale of a property. The court was tasked with making orders regarding the release of funds held in trust and setting a timetable for the progression of the case towards trial.

The court was required to determine the specific purpose for which the balance of the proceeds of sale of the property at B Road, Area C, South Australia, held in the Withnalls Lawyers trust account, should be released. Furthermore, the court needed to establish the extent of the husband's discretion in repaying a tax debt, the notification requirements for such payments, and the timeline for discovery between the parties. The court also had to set directions for the filing of evidence, payment of court fees, and the preparation of detailed case outlines for both parenting and property matters.

Young J ordered that the balance of the proceeds of sale be released to the husband solely for the purpose of repaying the tax debt of D Pty Ltd, granting him discretion on whether to pay this debt in a lump sum or instalments. The husband was directed to notify the wife of any payment and provide documentary evidence within seven days of making it. The court also mandated that the parties exchange discovery requests within fourteen days, with a further fourteen days to provide the requested discovery or explain why it could not be made. The matter was adjourned for mention on 13 December 2021, with the trial scheduled for 31 January and 1-2 February 2022. Specific directions were given regarding the filing of affidavits, financial statements, payment of court fees, and the content of case outlines for both parenting and property matters, with a strict prohibition on relying on unfiled material without leave. The court also provided important notes regarding family violence provisions and the potential implications for cross-examination.