SEWIN & CHEALS

In the matter of SEWIN & CHEALS, the wife sought interim property settlement orders and an injunction against the husband. The wife also sought orders for disclosure from the husband, asserting he had failed to provide adequate disclosure. The husband opposed the wife's application for an injunction, arguing that he was already encumbering the properties due to failing mortgage repayments. The court was required to determine whether it was just and equitable to make an interim property distribution, whether to grant the injunction sought by the wife, and to make orders regarding disclosure for both parties.

Hannam J considered the two-step approach for interim property applications, which involves determining if it is just and equitable to make an interim distribution. The court found that it was just and equitable to make an interim distribution as sought by the wife. Regarding the injunction, the court noted that interim orders were already in place requiring the husband to ensure rental income from the investment properties was transferred to the respective loan accounts. Consequently, the application for an injunction was dismissed. Orders were made for disclosure from both parties, with detailed requirements for the husband regarding financial documents, property appraisals, and asset disposals, and specific disclosure requirements for the wife concerning Centrelink benefits, motor vehicle registration, bank statements, tax returns, superannuation, and child support arrangements.

The court ordered that upon the completion of the sale of either the Suburb B or Suburb D property, whichever settled first, the proceeds would be applied first to sale costs, then to discharge the mortgage. Following this, $80,000 was to be paid to the wife into her solicitors' trust account, to be advanced towards her costs or expenses and accounted for at final trial. The remaining balance was to be held in a controlled monies account by the legal representative handling the sale.