SUTCLIFF & SUTCLIFF

In proceedings before Cronin J, the wife sought various orders concerning the division of partnership assets and company interests. The husband's lack of responsiveness to the proceedings was a significant factor. The wife's application seeking interim orders was dismissed, save for the issue of costs.

The court was required to determine how to proceed with the division of assets in circumstances where one party was not actively participating. Specifically, the court needed to address the appointment of a trustee for the sale of partnership livestock and plant/equipment, the winding up of a company, and the obtaining of necessary financial documentation. The court also had to consider the appropriate timetable for the filing of evidence and applications, and the consequences of non-compliance.

Cronin J reasoned that given the husband's unresponsiveness, the matter required a final hearing to resolve outstanding applications. The court appointed the wife as trustee for the sale of specific partnership assets and for the liquidation of the husband's interest in a company. Liberty was granted to the wife to issue subpoenas for financial and partnership documentation. The court established a strict timetable for the filing of amended applications, affidavits, and financial statements, with provisions for proceeding on an undefended basis if the husband failed to comply.

The court ordered that the contravention application be struck out and the wife's application for interim orders be dismissed, except as to costs. The husband was ordered to pay the wife's costs fixed at $3150. The matter was set down for a final hearing on 12 September 2017.