Travenski and Travenski

This matter came before Young J concerning a property dispute between the husband and wife, identified as Travenski and Travenski. The proceedings involved an application by the husband filed on 26 May 2009, which was dismissed. The court also addressed the distribution of funds from the sale of the parties' home and the provision of further evidence and submissions in preparation for a defended hearing.

The court was required to determine the terms of a partial settlement of property, the nature and extent of discovery to be provided by both parties, and the specific affidavits and documents to be filed by each party's solicitors. Furthermore, the court needed to establish a timetable for the exchange of legal submissions regarding accrued jurisdiction and to make arrangements for the husband's attendance at a defended hearing, including the provision of a Macedonian interpreter and the consolidation of extant defended applications.

By consent, the court ordered the immediate distribution of $20,000 to the solicitors for each party from the proceeds of the sale of their home, with the balance to be held on trust by the wife's solicitors pending further order. Not by consent, the court mandated mutual and informal discovery of financial documents, particularly those relating to specified bank accounts. A detailed schedule was set for the filing of updated affidavits concerning the wife's health and financial position, as well as the husband's response and trial affidavit. Liberty was reserved for the husband to seek an independent assessment of the wife's emotional and psychological state if further medical affidavits were filed. The court also set deadlines for the parties to file legal submissions on accrued jurisdiction and for the husband's attendance at a three-day defended hearing commencing on 21 September 2009, with arrangements for security and interpretation. All extant defended applications were consolidated for this hearing.