Watson and Pierce

This matter came before Dessau J in the Family Court of Australia concerning orders sought by a husband and wife regarding their matrimonial home. The dispute centred on the refinancing of the property, the management and potential leasing of the home, and the provision of financial information.

The court was required to determine the terms of orders concerning the refinancing of the matrimonial home, including the process if a joint loan application was unsuccessful. Further issues included the husband's obligations to prepare the property for a Certificate of Occupancy, the wife's ability to lease the property, and the exchange of financial documentation between the parties.

Dessau J made orders requiring the husband and wife to jointly apply for a loan to discharge the existing mortgage and outgoings. The parties were restrained from prejudicing this application and from further encumbering the property without consent once refinanced. Provisions were made for the wife to refinance solely if the joint application failed, which would involve transferring the property into her sole name. The wife was granted liberty to lease the property for a minimum of 12 months, with notice to the husband's solicitors. The husband was ordered to complete work to obtain a Certificate of Occupancy within 30 days, with the wife to provide access. Finally, the husband was ordered to supply specific financial information, and the wife was to sign an authority for an accountant's report, with the proceedings adjourned for a conciliation conference.