Sargood and Winters

This matter came before Bennett J concerning property adjustment proceedings between the applicant husband, Sargood, and the respondent wife, Winters. The dispute centred on the division of commercial entities and other assets.

The court was required to determine the active pre-trial management of the proceedings, including the timetabling of expert evidence, the completion of valuations, and the precise nature of the orders sought by each party for the final alteration of property interests. Further issues included the filing and service of affidavit material, the procedural fairness to superannuation trustees, and the preparation of outlines of case for the final hearing. The court also addressed compliance with specific Family Law Rules concerning the disclosure of costs.

Bennett J ordered that previous limitations on the issuance of subpoenas be discharged, allowing parties to issue subpoenas returnable until the final hearing or as appointed by the Registrar. The matter was fixed for final hearing on 16 June 2008 and referred to Registrar Riddiford for active pre-trial management, including the timetabling of expert evidence and valuations. Specific dates were set for the parties to agree on business entities for valuation, file amended applications and responses, and serve affidavit material. The court also mandated that parties seeking orders against superannuation trustees ensure procedural fairness. Detailed outlines of case, including lists of documents, assets, arguments on contributions and adjustments, expert evidence summaries, and minutes of proposed orders, were to be filed by 11 June 2008. The court also made specific orders regarding undertakings as to disclosure and compliance with Rule 19.04 of the Family Law Rules 2004 concerning the notification of costs to clients.