STEVENS & STEVENS

In the matter of *Stevens & Stevens*, Cronin J of the Family Court of Australia was required to determine an application concerning the wife's conduct in relation to directorships and superannuation funds. The dispute arose from the wife's alleged actions concerning her positions within H Pty Ltd and withdrawals from the Stevens Superannuation Fund.

The primary legal issues before the court were whether the wife should be compelled to resign from all directorships and positions held in H Pty Ltd, and whether she should be ordered to repay monies withdrawn from the Stevens Superannuation Fund. The court also considered the consequences of the wife's compliance or non-compliance with any orders made.

Cronin J reasoned that the wife's actions warranted specific orders to rectify the situation. The court ordered that the wife execute all necessary documents to effect her resignation from all directorships and positions within H Pty Ltd by 4.00 pm on 31 January 2013. Furthermore, the wife was ordered to repay the sum of $24,927, representing monies withdrawn by her, into the Stevens Superannuation Fund by the same deadline. The court stipulated that subject to the wife's compliance with these orders, the application and response filed in November 2012 and January 2013 respectively would be dismissed. However, in the event of non-compliance, the husband was granted permission to relist the application on short notice to seek orders under section 106A of the *Family Law Act 1975* (Cth). Finally, the wife was ordered to pay the husband's costs of the application.