SCARDINO AND ANDERSON

This matter concerned interim orders sought by the Applicant and Respondent in property adjustment proceedings before Hogan J. The dispute revolved around the management and preservation of assets pending final determination of the property settlement. The Applicant sought various interim orders, and the Respondent also sought certain interim relief.

The court was required to determine the terms of interim orders to govern the parties' conduct and the disposition of assets until the final trial. Key issues included the exclusive use and occupation of a property, the disposal of listed assets and company assets, the Respondent's resignation from corporate positions, and the provision of interim financial support to the Applicant. The court also had to consider the process for obtaining expert valuations of disputed assets and the allocation of costs for these valuations.

Hogan J made orders based on undertakings provided by the Respondent. These undertakings included allowing the Applicant exclusive use of the Suburb C property, prohibiting the disposal of specified assets and company assets without notice, and preventing the Respondent from resigning from his corporate or trust positions. The court ordered the Respondent to pay $50,000 to the Applicant's solicitors' trust account within 28 days, with this sum to be accounted for in the final trial. Provisions were also made for the appointment of single expert witnesses to value disputed assets, with the costs to be borne equally but met by the Respondent initially. Most of the interim orders sought by both parties were dismissed, with costs reserved.