Bowles & Kirk [2026] FedCFamC2F 137 (23 January 2026)

1. Within 14 days of these orders, the Respondent file with the Court full and frank disclosure of all financial and other relevant information relating to the parties' relationship assets and liabilities that are within her knowledge, possession, or control and unredacted. Namely:

(a) the Respondent's three (3) most recent personal income tax returns including 24/25 income tax return;

(b) the Respondent's three (3) most recent personal income tax assessments including 24/25 income tax assessments;

(c) a superannuation statement for the end of the most recent financial year for each of the superannuation accounts held by the Respondent;

(d) the Respondent's current MyGov statement (or screenshot) showing the Respondent's current list of superannuation funds;

(e) unredacted bank statements for each bank, credit card, loan or mortgage account in which the Respondent has or has had an interest for the past 3 years;

(f) the Respondent's two payslips from December 2025

(g) Any other documents or information necessary for the accurate valuation of the company F PTY LTD or relevant to the proceedings, including: -

(i) All files, documents, and information in the Applicant's or the Applicant's accountant's possession relating to the company F Pty Ltd ("the Company") and all related entities of F Pty Ltd , including but not limited to:

(ii) Company financial statements for the past three financial years.

(iii) Copies of all tax returns and assessments lodged on behalf of the Company for the past three financial years.

(iv) Unredacted Bank statements for all accounts held in the name of the Company for the past three financial years.

(v) Profit and loss statements for the last 3 years;

(vi) Balance sheets for the last 3 years;

(vii) Any correspondence with the Australian Taxation Office (ATO) regarding the Company for the past three financial years.

(viii) Any other documents or records that pertain to the financial operations, liabilities, and assets of the Company and its related entities for the past three financial years.

(ix) Any other document or record that may assist in the valuation of the Company and any of its related entities, and as requested by the Expert Witness.

1. Pursuant to Rule 7.04 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, an independent valuation of F PTY LTD ("the family business") be conducted by a single expert witness.
2. Within 7 days of these Orders the Respondent will nominate three proposed single expert witnesses, and provide details of the proposed single expert witnesses, together with the cost of the preparation of the single expert report for each of those nominations
3. Within 7 days of the nominations described in paragraph 3B the Applicant will select the single expert witness from the three proposed single expert witnesses and the Expert Witness will proceed with the independent valuation forthwith.
4. The valuation shall determine the current and historical market value of the family business F PTY LTD, as at the date the parties separated and at present, considering all assets, liabilities, and any other relevant factors.
5. The expert witness shall prepare a written report of the valuation, providing detailed reasons and methodologies used for the assessment, and submit the report to the Court and both parties within 20 business days from the date of their appointment and provision of all necessary information requested by them for the purpose of the valuation.
6. The costs of the valuation shall be borne by the Respondent in first instance, with the Applicant's half share of these costs to be accounted for in the final property settlement.
7. Any party may file an objection to the valuation report within 21 days of receiving the report, specifying the grounds for such objection.

Release of Subpoenaed material to Single Expert Witness

1. For the purpose of preparing the valuation of the family business, the single expert witness be at liberty to access all the subpoenaed material supplied to the court by the parties' accountants G PTY LTD ("the accountants").
2. In the event that the single expert witness requires further material in order to complete the valuation of the family business, the single expert witness be at liberty to liaise with the accountants.

Preservation of Company Assets and Restraint on Dealings

1. The Respondent is directed to ensure that all assets pertaining to the company F PTY LTD are maintained in their current state, without any changes that might affect their valuation or the outcome of these proceedings, save for ordinary business activities.
2. The Respondent is hereby restrained by injunction from selling, transferring, encumbering, or otherwise dealing with any property, whether real or personal, that forms part of the parties' relationship assets, without the prior written consent of the Applicant or further order of the Court. This includes any shares, securities, or interests in the Company F PTY LTD.
3. This injunction shall remain in effect until further order of the Court.

1. The matter be listed for a PPP Conciliation Conference (with an estimated duration of 4 hours) before Deputy Registrar Brookes (via Web Conference) on 2 July 2026 at 9.00am.

1. The matter be listed for final hearing before Judge O'Shannessy on 14 September 2026 (for an estimated 2 days) at 10.00am in the Melbourne Registry ('the Final Hearing').
2. The Applicant file and serve any Amended Application, a trial affidavit and an updated Financial Statement, upon which he seeks to rely by no later than 17 August 2026.
3. The Respondent file and serve any Amended Response, a trial affidavit and an updated Financial Statement, upon which she seeks to rely by no later than 31 August 2026 and the obligation to file same applies whether or not the Applicant has filed trial material in accordance with the previous order.
4. No later than 7 September 2026 the Applicant file and serve any affidavit(s) strictly in reply addressing only the evidence presented in the respondent(s) affidavit
5. The parties be at liberty to rely upon any affidavit material previously filed in these proceedings and merely file an updating affidavit, provided that written notice is given to the other party at the same time as required for filing a trial affidavit provided above.

1. All extant interim and final applications including the applicants spousal maintenance application are adjourned to the Final Hearing.
2. The Respondent provide details of current financial resources including her current partner's (Mr H) annual income.
3. Each party will continue to comply with its ongoing obligations of discovery.

1. The Applicant has liberty to apply for more than 5 subpoenas, including subpoenas to NAB and Westpac and Dr J, the Respondent's treating GP.
2. The parties be at liberty to apply on an urgent basis to the Court by email to associate Judge O'Shannessy on written notice to the other side for further orders or directions for further orders to ensure compliance with orders or to address any issues that may arise during these proceedings.

1. As discussed with the parties at the hearing, items pressed to be handed over to the Applicant but which are opposed by the Respondent have been struck through in these orders from the minute of proposed orders and exhibit A1.2.
2. The court has not determined the ownership of the disputed chattels, merely in whose possession those items should be pending final hearing.

1. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.

1. Affected unrepresented parties may apply to the court and then to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.
2. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
3. If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These are the settled reasons of a judgment delivered ex tempore. These reasons were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected. Legislation, citations and/or passages of authorities referred to, but not recited, have been added. Observations and evidence not included ex tempore, whether omitted due to time constraints or overlooked have been added. And an attempt has been made to make the orally delivered reasons easier to read; but the substance is unchanged.
2. The matter of Bowles & Kirk comes before me for the second time on interim application seeking delivery of chattels, spousal maintenance, orders for disclosure, and orders relating to a single expert witness to value a business. When the matter first came on before me last year,[1] due to other matters listed before me, I was only able to give the matter a few minutes of time, and hence, the matter was adjourned part heard until today. Thanks to the hard work of solicitors and counsel, and the discipline of the parties, the bulk of the matters in dispute were able to be resolved on an interim basis, effectively, providing that the interim spousal maintenance application would be adjourned until after the completion of the ordered disclosure and business valuation.
3. In addition to that, at the invitation of the respondent's counsel, I permitted the respondent, Ms Kirk, to give evidence from the witness box, within the very limited parameter of only which parts of exhibit 'A1.1' she disagreed should be handed over to the applicant. We went through that list, and that list had left a number of items which it is common ground can be handed over. After that evidence was given, Ms Jardine sensibly pressed that only the items that were not controversial would be handed over, and that the controversial items would remain where they were, with one or other party, to be resolved at final hearing. I need to make clear that I am not determining who owned which item in this hearing.
4. There is a dispute between the parties as to some items, whether they are owned by a company now conducted solely by Ms Kirk, but a company where Mr Bowles had some connection with during the de facto relationship, as he was a director. He says he was promised a shareholding, and I understand that assertion to be denied. Nonetheless, it does not appear disputed that for a time he was a director. I'm not determining the ownership of the items in dispute, rather which ones get handed over, at this point in time, to Mr Bowles, as provided at item 2 through to 12 of the minute, by consent.
5. The parties had proposed to come back for a further interim hearing, but I have persuaded them to hold off on that, and to jump directly to a final hearing, hopefully, on 14 September 2026, jumping over the requirement of further directions hearings, including a compliance and readiness hearing. If there is any further hearings before a Judicial Registrar, I vacate such order, and I will otherwise, make orders as proposed by the parties.

1. The issue of the objection of the release of documents produced on Subpoenas was not agitated before the Court on 10 December 2025 or 23 January 2026. After this decision on 23 January 2026, by email, the parties requested their dispute about the release of the material produced on Subpoena be resolved on the papers. That dispute is not included in these reasons.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge O'Shannessy.