Walsingham and Walsingham

The Family Court of Australia heard an application by the wife alleging that the husband had contravened a previous order made by Registrar Riddiford on 12 December 2005. The original order required both parties to provide each other with copies of all bank statements for accounts operated by them for the period 1 July 2003 to 30 November 2005. The wife contended that the husband had failed to disclose his business bank account with ANZ Bank under the trading name "D Company" and also failed to disclose financial documents relating to a Bank SA Bankcard.

The legal issues before the court were whether the husband had failed, without reasonable excuse, to comply with the order of Registrar Riddiford by not disclosing the ANZ "D Company" account and the Bank SA Bankcard statements. The wife sought an order for the husband to disclose these accounts and associated financial records. The husband denied contravening the order, asserting that no separate bank account existed for "D Company" and that the Bank SA Bankcard was not a savings account and had a low credit limit, with debts discharged daily.

The court considered the evidence presented by both parties. The husband explained that the "D Company" reference in a previous affidavit related to a brief internet sales venture for which he opened an account with $50, which was later closed. He maintained that he never operated a bank account under the name "D Company". Regarding the Bank SA Bankcard, the husband stated it had no savings function, was only activated for purchases, and any debts were paid daily from another account. He claimed to have provided some statements to the wife previously, though this was disputed. The court found that while there may have been a "notional" non-compliance regarding the Bank SA Bankcard statements, the wife's assertion about the "D Company" account appeared to be based on assumption and a "fishing expedition."

The court ordered that the husband produce copies of all monthly statements of account relating to the specified Bank SA account for the period from 1 January 2006 to 31 December 2006. The wife's application for contravention was otherwise dismissed.