Selen and Selen & Ors

In the matter of *Selen and Selen & Ors*, Justice Austin of the Family Court of Australia considered an interim application by the wife. The dispute concerned the wife's request to assume control of the parties' farming enterprise, which she asserted was necessitated by the husband's incapacity.

The central legal issue before the Court was whether to grant the wife interim control of the parties' farming enterprise, including their company and partnership affairs, by appointing her as attorney for the husband. This involved determining the appropriate interim orders to manage the enterprise pending final resolution of the property proceedings, particularly in light of the husband's asserted incapacity.

Justice Austin reasoned that the wife's application was justified by the circumstances, leading to the appointment of the wife as attorney for the husband in his personal capacity, as an officeholder of P Pty Ltd, and as a partner in the partnership "Selen & Selen". The Court ordered that the wife was to conduct these affairs for the mutual benefit of all parties, provide monthly financial statements to the husband, and make copies of pertinent documents available upon demand. Furthermore, the wife was authorised to draw a weekly payment of $600 for herself and the husband from the partnership's resources, provided sufficient funds were available. The Registry Manager of the Family Court of Australia at Newcastle was empowered to execute documents on behalf of the parties for the implementation of these orders. The wife's costs were reserved, and all other outstanding interim applications were dismissed. The matter was adjourned for further directions, with the Court also noting expectations regarding compliance with previous procedural orders and the adjudication of claims for legal professional privilege.