Wilkerson and Wilkerson and Ors

The proceedings involved the Applicant Wife and the Respondent Husband, with the Second Respondent being a company in administration. The core of the dispute concerned the preservation and management of assets, particularly those belonging to the Second Respondent, amidst ongoing administration and potential liquidation. The court was tasked with making orders to safeguard these assets and regulate the conduct of the parties and their legal representatives.

The court was required to determine the appropriate interim orders to be made concerning the assets of the Second Respondent and the personal assets of the parties. This included the extent to which the parties should be restrained from dealing with funds and property, the role of the Administrator of the Second Respondent, and the management of funds held by solicitors. The court also needed to consider the implications of the stay on proceedings against the Second Respondent under section 440D of the *Corporations Act 2001* (Cth) and the wife's permitted use of a specific motor vehicle.

The court's reasoning led to a comprehensive set of orders aimed at freezing assets and ensuring their proper administration. It vacated previous orders and imposed significant restraints on the Third Respondent (likely the company in administration), the Respondent Husband, and the Applicant Wife, preventing them from dealing with assets outside the ordinary course of business or specific court-sanctioned exceptions. Specific directions were given for the transfer and holding of funds by a law firm, and for the provision of bank statements. The court also placed limitations on the expenditure of funds held by the Respondent Husband's solicitors and former solicitors, and restrained the Husband from opening new bank accounts. The wife was permitted to retain and use a motor vehicle, provided it was insured and proof of currency was provided to the Administrator.