Whittaker & Sinclair (No 2)

In *Whittaker & Sinclair (No 2)*, the applicant, Ms Whittaker, sought interim orders for property settlement and costs against the respondent, Mr Sinclair. The dispute concerned the division of property between the parties, who were in a de facto relationship. The matter came before Loughnan J in the Family Court of Australia.

The primary legal issue before the court was whether it was appropriate to exercise its power to make interim property settlement orders, given the circumstances of the case. This involved considering the just and equitable nature of such an order and the impact of the respondent's conduct, specifically a significant failure to disclose assets. The court also had to determine the appropriate quantum for any interim property settlement and interim costs.

Loughnan J reasoned that a significant failure of disclosure by the respondent justified the exercise of the court's power to make interim property settlement orders. The court found it just and equitable to make such an order in favour of the applicant. Applying principles from cases such as *Strahan & Strahan*, the court ordered that the balance of the proceeds of sale of a unit, amounting to $181,793, be paid to Ms Whittaker. Additionally, Mr Sinclair was ordered to pay a further sum within 30 days to bring the total interim property settlement to $200,000. The proceedings were adjourned for further directions regarding expert valuations and preparation for final trial, and the respondent was ordered to provide specific expert reports to the applicant.