Sresbodan and Sresbodan

In the matter of *Sresbodan and Sresbodan*, heard before Watts J, the proceedings concerned an application for alteration of property interests between the husband and wife. The husband's trustee in bankruptcy sought to be joined as a party to the proceedings, indicating a significant financial interest in the outcome of the property settlement.

The central legal issues before the Court involved the husband's ability to participate in further proceedings, the proper procedure for the trustee to assess the just and equitable nature of any proposed consent orders, and the admissibility and weight of an unsworn affidavit presented by the husband. The Court was required to determine how the trustee's involvement would impact the assessment of the property interests and the husband's capacity to make submissions.

Watts J ordered that the husband's unsworn affidavit be marked as an exhibit and granted leave for the trustee in bankruptcy to be joined as a party. The husband was directed to provide a written statement to the trustee within 28 days, detailing facts not covered in his earlier sworn affidavit relevant to the property alteration. Furthermore, any application for consent orders under s 79 of the *Family Law Act* would necessitate an affidavit from the trustee confirming receipt and consideration of the husband's statement, and explaining why the proposed orders were deemed just and equitable. The issue of the husband's ability to make submissions at future hearings was reserved, and the matter was adjourned.