SALEMI & SALEMI

This matter concerned proceedings between the parties, Mr and Mrs Salemi, before Loughnan J of the Federal Circuit and Family Court of Australia. The proceedings involved an application for property settlement.

The primary legal issue before the Court was whether it was appropriate to make final orders under section 79 of the *Family Law Act 1975* (Cth) despite the parties not having attended a conciliation conference with a registrar. The Court also considered issues relating to the disclosure of financial documents by the husband and the potential consequences of non-compliance.

Loughnan J found that special circumstances existed which justified making final orders under section 79 notwithstanding the absence of a conciliation conference. The Court then made orders by consent regarding the interim property settlement, authorising the wife's solicitors to make a payment of $100,000 from a controlled monies account. Further orders directed the parties' solicitors to deposit funds into a controlled monies account, with provisions for alternative arrangements if direct deposit was not practicable. The Court also noted the husband's admitted failure to provide all required documents, including bank statements, and warned that non-compliance could lead to adverse orders being made against him at a future hearing. The question of costs was reserved.