Swift & Swift

In the matter of *Swift & Swift*, Gill J considered applications by the wife for interim property distribution, spousal maintenance, and injunctive relief. The dispute concerned the division of the parties' assets and the husband's financial obligations to the wife pending final resolution of their property proceedings. The wife sought orders for litigation funding, interim spousal maintenance, and restraints on the husband's dealings with the asset pool.

The court was required to determine whether it was just and equitable to make an interim property adjustment, specifically regarding litigation funding. It also had to consider the adequacy of the husband's undertaking to continue supporting the wife and whether this undertaking constituted a financial resource for her. Further issues included the appropriateness of injunctive relief to restrain dealings with the property pool, the notice period required for such dealings, and the husband's duty to disclose documents held by his accountant.

Gill J ordered the husband to pay a significant sum towards the wife's legal fees and disbursements, and to provide interim spousal maintenance, including monthly payments and responsibility for specific loan repayments and property expenses. The court also imposed restraints on the husband to prevent him from meeting these obligations by recourse to the wife's entitlements or benefits from various entities, including a superannuation fund. Injunctive relief regarding a binding death nomination was not granted, as the wife's claim could be addressed through other mechanisms. The husband was also ordered to provide extensive disclosure of financial records and to jointly instruct single experts for the valuation of various properties and entities.