Yardsley and Yardsley (No. 2)

In *Yardsley and Yardsley (No. 2)*, Watts J considered interim orders concerning property settlement and maintenance between a husband and wife. The dispute centred on the distribution of proceeds from the sale of a property located in Suburb B, as well as the wife's ability to acquire new property and the husband's outstanding maintenance obligations.

The court was required to determine how the net proceeds of the Suburb B property sale should be distributed. This involved deciding on provisions for the wife to access funds for a deposit on a new property or for relocation and rental expenses, as well as a significant interim property settlement payment to her. Additionally, the court needed to address the payment of outstanding periodic spouse maintenance arrears owed by the husband to the wife, and the husband's obligation to facilitate the sale by withdrawing a caveat registered on the Suburb B property title. The court also considered the wife's liberty to borrow against a new property she might acquire and the expedition of the final hearing.

Watts J ordered that the husband was to bear the costs associated with the sale of the Suburb B property, with the wife having access to a frozen account if he failed to comply. The net proceeds were to be distributed with specific provisions for the wife to receive up to $200,000 of the deposit for a new property purchase or $60,000 for relocation expenses. A further sum of up to $1,300,000 was to be paid to the wife as an interim property settlement for the acquisition of a new property in her sole name, including stamp duty. The husband was also ordered to pay $92,000 towards spouse maintenance arrears, with all other outstanding arrears to be paid to the wife or the Child Support Registrar. The balance of the proceeds was to be held in a controlled monies account. The wife was permitted to mortgage a new property but restrained from further dealing with it. The husband was ordered to withdraw the caveat at his cost upon exchange of contracts for the Suburb B property. All other outstanding interim applications were dismissed, and the final hearing was expedited.