Rittman & Rittman (No 4)

In the matter of *Rittman & Rittman (No 4)*, Barry J of the Family Court of Australia considered an application concerning the distribution of funds following a property settlement. The dispute arose between a husband and wife, with the wife having lodged an appeal against the primary property settlement orders. The husband sought the release of a portion of the settlement funds, while the wife sought to secure a sum pending the outcome of her appeal.

The central legal issue before the court was how to manage the disputed funds in light of the wife's pending appeal. Specifically, the court had to determine whether a portion of the settlement sum should be preserved pending the appeal, and if so, how that sum should be managed and invested to ensure its availability while also maximising its return. The court also had to consider the practicalities of authorising such investments and the potential need for court intervention if the parties could not agree.

Barry J reasoned that it was appropriate to secure a portion of the funds to protect the wife's interests pending her appeal, while also allowing for the husband to receive a significant portion of the settlement immediately. The court ordered that $100,000 be held in the trust account of the husband's solicitors, pending the determination of the wife's appeal or further agreement between the parties. The husband was granted liberty to invest this sum for the best obtainable rate at call or on term deposit, provided the term did not exceed six months, with the wife required to provide authorisation. In the event of her failure to do so, a Registrar of the Court was authorised to sign the necessary documentation on her behalf. The remaining $125,000 was ordered to be released forthwith to the husband.