Shipman & Shipman (No. 2)

This matter concerned an application by Mr Shipman (the applicant husband) against Ms Shipman (the first respondent wife) and Ms Doherty (the second respondent, presumably the Independent Children's Lawyer). The dispute involved interlocutory matters in family law proceedings, specifically concerning the husband's superannuation entitlements and other financial matters. The orders were made by consent before Altobelli J.

The court was required to determine the terms of consent orders relating to the valuation of the husband's superannuation interests and other assets, and to make directions regarding the conduct of the proceedings leading up to a final hearing. Key issues included the husband's access to and withdrawal of his superannuation, the valuation of a property, and the investigation of a self-managed superannuation fund.

Altobelli J made orders by consent, reflecting an agreement between the parties on various procedural and substantive matters. These included directions for the updating of superannuation valuations, an injunction restraining the husband from accessing or increasing payments from his superannuation, and restraining him from dealing with entitlements arising from specific deeds related to a property. The court also ordered valuations of a property and directed the preparation of financial statements and tax returns for a self-managed superannuation fund, with specific directions for an audit and lodgement with the Australian Tax Office.

The orders further stipulated a timetable for the filing of amended applications, financial statements, and affidavits of evidence in chief, as well as the payment of setting down and trial fees. Directions were also given for the identification and determination of objections to evidence, the preparation of a joint balance sheet and case outline document, and the development of a joint trial plan to ensure the trial could be completed within the allocated five days. Leave was granted for parties to issue subpoenas and to approach the Registrar to vary obligations under the orders.