TULLO & TULLO

In this matter before Loughnan J of the Family Court of Australia, the husband sought to restrain the wife from continuing civil proceedings in the District Court and to join those proceedings with the current Family Court proceedings. The wife, in turn, applied for the husband's application to be dismissed and for the Family Court proceedings to be stayed pending the outcome of the District Court proceedings. The court was required to determine whether there was a basis to restrain the wife from continuing her District Court action or for the Family Court to exercise accrued jurisdiction over those matters, given the absence of a common substratum of facts between the two sets of proceedings.

The court also considered the husband's interim applications for $93,000 for legal costs and $150,000 by way of interim property settlement. The court found it appropriate to order access to funds for the husband's legal costs, being satisfied that a sufficient property settlement would ultimately be made to cover these expenses. Consequently, the wife was ordered to pay the husband $93,000 for interim costs and $80,000 by way of interim property settlement.

The husband's application to restrain the wife and join the District Court proceedings was dismissed. Similarly, the wife's application for a stay of the Family Court proceedings was also dismissed. Regarding costs, the court ordered that the wife pay half of the husband's costs of and incidental to these interlocutory proceedings on a party and party basis, acknowledging that some issues should have been capable of compromise. The court also noted that the husband did not oppose the sale of certain properties for the purpose of giving effect to the orders made.