Agnellini & Agnellini
[2025] FedCFamC1F 407
•18 June 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Agnellini & Agnellini [2025] FedCFamC1F 407
File number: CAC 493 of 2025 Judgment of: GILL J Date of judgment: 18 June 2025 Catchwords: FAMILY LAW – PROPERTY – Interim distribution –Consent orders - Where consent orders provide for a partial interim property adjustment. Division: Division 1 First Instance Number of paragraphs: 7 Date of hearing: 18 June 2025 Place: Canberra Counsel for the Applicant: Ms Davis Solicitor for the Applicant: Robinson + McGuinness Family Law Solicitor for the Respondent: Ms Clifford, Dobinson Davey Clifford Simpson ORDERS
CAC 493 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR AGNELLINI
Applicant
AND: MS AGNELLINI
Respondent
ORDER MADE BY:
GILL J
DATE OF ORDER:
18 JUNE 2025
UPON APPLICATION MADE TO THE COURT by Ms Davis for the applicant and Ms Clifford for the first respondent, with these orders being amended pursuant to rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 on 23 June 2025.
THE COURT NOTES BY CONSENT THAT:
A.By orders 6 – 8 made 20 May 2025 the First Respondent was required to provide documents by way of financial disclosure to the Applicant. The First Respondent has not complied.
B.By order 10 made 20 May 2025 the First Respondent was required to file documents in response to the Initiating Application filed by the Applicant with such documents to be filed and served by 6 June 2025. The First Respondent has not complied.
C.By Application in a Proceeding filed 11 June 2025 the Applicant seeks to join the Second and Third Respondents.
D.The Second and Third Respondents are companies in which the First Respondent is sole director and shareholder. Evidence before the Court indicates the Second and Third Respondents have or will be entering into contracts to dispose of assets of the marriage by way of the transfer of interests in multiple franchise stores for the gross sum of $48,000,000 plus GST.
E.The nine (9) franchises (“the franchises”) that are understood to be transferred by way of contract on or before 1 July 2025 are identified as:
(a)Franchise 1;
(b)Franchise 2;
(c)Franchise 3;
(d)Franchise 4;
(e)Franchise 5;
(f)Franchise 6;
(g)Franchise 7;
(h)Franchise 8; and
(i)Franchise 9
F.The parties have today been advised by their accountant that the following payments must be made from the funds to be received:
(a)NAB borrowings for operating the business (including over draft);
(b)Equity advisors;
(c)Creditors;
(d)Enterprise equipment finance for the Second Respondent and Third Respondent; and
(e)Current tax liabilities in the amount of approximately $2,806,645.
G.The parties have entered into the following orders as a holding pattern for their financial arrangements prior to a mediation to take place prior to 3 September 2025. The First Respondent asserts that the Suburb R property needs to be urgently sold and the Applicant seeks the opportunity to retain that property.
THE COURT ORDERS BY CONSENT UNTIL FURTHER ORDER THAT:
Joinder
1.B1 Pty Ltd is joined to the proceedings as Second Respondent.
2.E Pty Ltd is joined to the proceedings as Third Respondent.
Sale proceeds of franchise stores
3.Upon the receipt by B1 Pty Ltd and/or E Pty Ltd (“The Companies”) of the purchase price for the franchises, the whole proceeds receivable by B1 Pty Ltd and/or E Pty Ltd after retention amount retained by the franchisor and/or adjustments payable to the franchisor on account of staff entitlements or similar (“the gross sale proceeds”), are forthwith to be paid as follows:
(a)In payment of any secured creditors as identified by the First Respondent through his accountant at C Financial Services;
(b)Tax liabilities owning to the Australian Government as identified by the First Respondent through his accountant at C Financial Services;
(c)The amount of $8,305,000 for future tax liabilities of the parties’ and their associated entities into a controlled monies account with interest payable monthly divided equally between the Applicant and First Respondent.
(d)$5,500,000 to the Applicant by way of partial property settlement;
(e)Up to $7,000,000 to the First Respondent by way of partial property settlement;
(f)Any funds thereafter to the trust account of DDCS Lawyers as follows:
Account name: DDCS Lawyers Law Practice Trust Account
BSB: …
Account no.: …17
Reference: Agnellini
4.The parties shall provide their joint written instructions to withdraw monies from the controlled monies account at Order 3(c) such figures as are required to meet their tax liabilities as and when they fall due and any other liabilities agreed between the parties in writing.
Sale of the Suburb G property
5.Within 14 days of the date of these Orders, the parties do all acts and things and sign all documents necessary to sell the property located at Section … Block … Volume … Folio … more commonly known as F Street, Suburb G ACT (the Suburb G property) (“the Sale”).
6.For the purpose of the immediately preceding order:
(a)Unless otherwise agreed, Ms H of J Real Estate will be appointed as the real estate agent;
(b)For the purposes of the Sale, unless otherwise agreed, Mr K of L Lawyers will be appointed as the conveyancer;
(c)Upon the settlement of the sale of the Suburb G Property, the proceeds of sale be applied as follows:
(i)Firstly, to pay all costs, commissions and expenses of the sale;
(ii)Secondly, to pay out the loan secured by way of mortgage over the Suburb G Property;
(iii)Thirdly, to pay the usual rates adjustments;
(iv)Finally, the remainder to the Applicant.
(d)That pending the sale of the Suburb G Property:
(i)The Applicant shall make the property available for inspection by prospective purchasers; and
(ii)Neither party shall further encumber the Suburb G Property without the consent of the other party in writing. By way of implementation of Orders 6(a) and (b) above, the parties shall each be responsible for 50% of any funds required up front from either the real estate agent or the conveyancer and each party shall make their own arrangement with the real estate agent and conveyancer with regard to any upfront fees required.
Real properties
7.That as and from the date of these Orders until 15 September 2025, the First Respondent be solely responsible for all home loan repayments and outgoings associated with the following properties:
(a)F Street, Suburb G ACT;
(b)M Street, Suburb N NSW;
(c)O Street, Suburb P NSW;
(d)Q Street, Suburb R NSW;
(e)Property S, S Street, Suburb T Qld;
(f)U Street, Town V NSW; and
(g)Property W, Suburb T Qld.
8.The Applicant have sole right to occupy and use to the exclusion of the First Respondent the following properties:
(a)F Street, Suburb G ACT; and
(b)Q Street, Suburb R NSW.
Motor vehicles
9.That as and from the date of these Orders until 15 September 2025, the First Respondent pay all costs associated with all motor vehicles in the names of the parties or any business in their name save for petrol. These costs include registration, insurance and servicing for all vehicles including (but not limited to):
(a)Motor Vehicle 1 driven by the Applicant; and
(b)Motor Vehicle 2 driven by the parties’ son Mr X.
Restraints
10.Except as otherwise provide by these orders, and pursuant to section 114(1)(e) of the Act, the parties are restrained from selling, transferring or disposing of, further encumbering or otherwise dealing with any of the assets of the relationship without the parties’ joint written consent.
11.For the purposes of Order 10, any assets of the relationship that are dealt with in the manner set out above must be for fair market value with all net proceeds deposited into a joint offset account for the Suburb R Property or joint interest bearing account in the names of the parties until further agreement in writing of the parties or further order of the Court.
Disclosure
12.Within 28 days, the First Respondent shall provide the following documents to the solicitor for the Applicant by way of financial disclosure:
(a)A list of all bank accounts in which he has had an interest whether solely or with another person or through a business entity as set out in Order 15 since 1 January 2023;
(b)A list of all assets exceeding the value of $10,000 sold by the First Respondent since 1 January 2023;
(c)Tax returns and notices of assessment for the last three financial years for personal taxation and any entity in which the Husband has an interest or from which he receives income or capital;
(d)Payment advice summaries and/or ATO income statements for the last three financial years for any entity in which the Husband has an interest;
(e)The most recent superannuation statement for all superannuation funds in which the Husband has an interest or entitlement;
(f)Financial statements and bank statements for the last three years and a copy of the trust deed for any self-managed superannuation fund in which the Husband has an interest or entitlement;
(g)A balance sheet showing all assets, liabilities and superannuation in which the Husband has an interest, both owned solely and jointly with any other person or via any corporate entity;
(h)Bank account statements for the period 1 January 2023 to date for all personal accounts held in his sole name or jointly with another person including personal accounts, credit cards, personal loans, business loans and home loans;
(i)The trust deed for any trust in which he is an appointor, trustee or beneficiary or that he has either direct or indirect power of, including but not limited to the ‘Agnellini Trust’ and the ‘B Trust’;
(j)For each company or partnership in which he has an interest:
(i)Three most recent company tax returns;
(ii)Three most recent financial statements; and
(iii)Four most recent business activity statements.
(k)A list of make, model, year, odometer reading, registration and details of any after factory modifications for any motor vehicles in his name and/or possession;
(l)Details of any motor vehicle sold, transferred or otherwise disposed of since 1 January 2023 from the name of the Husband or any entity in which he has an interest to another person or entity including but not limited to contract for sale, notice of disposal for, evidence of payment received (including relevant bank statements) and evidence of loans or other finance arrangements discharged as a result of such sale.
13.That this Order act as sufficient authority to the parties’ joint commercial lawyer, Mr K of L Lawyers, to release any files held on behalf of both or either party with L Lawyers to their respective solicitors within 7 days.
14.Within 28 days of the date of these orders, the parties do all acts and things and sign all documents necessary to provide authorities to their accountant, Ms Y at C Financial Services, including to provide to the parties all documents as may be requested by either party or their solicitor.
15.Within 28 days of the date of these orders, the First, Second and Third Respondents authorise their accountant, Ms Y at C Financial Services, to provide to the parties all information, including the Financial Statements for the last three years, in relation to any company or trust that the First Respondent has an interest in, including but not limited to:
(a)D Pty Ltd (ACN …);
(b)Z Pty Ltd (ACN …);
(c)B2 Pty Ltd (ACN 643 603 203);
(d)B1 Pty Ltd (ACN …);
(e)AA Pty Ltd (ACN 657 490 134);
(f)E Pty Ltd (ACN …);
(g)BB Pty Ltd (ACN …);
(h)CC Pty Ltd (ACN …);
(i)DD1 Pty Ltd (ACN …);
(j)DD2 Pty Ltd (ACN …);
(k)DD3 Pty Ltd (ACN …);
(l)EE Pty Ltd (ACN …);
(m)FF1 Pty Ltd (ACN …);
(n)FF2 Pty Ltd (ACN …);
(o)FF3 Pty Ltd (ACN …);
(p)GG Pty Ltd (ACN …);
(q)HH Pty Ltd (ACN …);
(r)JJ Venue;
(s)The franchises;
(t)Business transport vehicle;
(u)The Agnellini Trust;
(v)B Trust;
16.The parties forthwith authorise their accountant to provide to the parties documentary evidence of any impending sales, transfers, settlement sheets and other documents detailing the completed of pending sale or transfer of any of the franchises.
Valuations
17.A single expert be appointed to value all parcels of real property, including any purchased by Ms KK, and including but not limited to:
(a)M Street, Suburb N NSW;
(b)O Street, Suburb P NSW;
(c)Q Street, Suburb R NSW;
(d)Property S, S Street, Suburb T Qld;
(e)U Street, Town V NSW;
(f)Property W, Suburb T Qld;
18.For the purposes of appointing the single experts for Order 17 above:
(a)Within 7 days of the date of these Orders the Applicant provide to the First Respondent a list of three suitably qualified real property valuers;
(b)Within 7 days of receipt of the Applicant’s proposed valuers, the First Respondent nominate one real property valuer from the Applicant’s proposed valuers and provide those nominations to the solicitors for the Applicant;
(c)Within 7 days of the First Respondent’s nominated real property valuers, the parties do all acts and things and sign all documents necessary to jointly engage each valuer as a single expert to conduct the valuations pursuant to these orders.
19.Within 14 days of the date of these Orders, the parties will agree upon which businesses arising from or related to the entities listed at Order 15 herein require a valuation.
20.For the purposes of appointing the single expert for Order 19:
(a)Within 7 days of compliance with Order 19, the First Respondent will nominate to the Applicant three suitably qualified business valuers to undertake the business valuation (if any);
(b)Within 7 days of receipt of the First Respondent proposed valuers, the Applicant nominate one business valuer from the First Respondent’s proposed valuers and provide those nominations to the solicitors for the First Respondent;
(c)Within 7 days of the Applicant’s nominated business valuers, the parties do all acts and things and sign all documents necessary to jointly engage each valuer as a single expert to conduct the valuations pursuant to these orders.
21.The parties share equally in the costs of all valuations.
Mediation
22.Following the provision of financial disclosure and by no later than 3 September 2025, the parties attend a private property mediation with an agreed mediator with the costs of the mediator to be shared equally between the parties.
THE COURT FURTHER ORDERS THAT:
1.23. The proceedings are adjourned for hearing and/or directions to 10:00AM on 5 September 2025.
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 the pseudonym Agnellini & Agnellini has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
GILL J:
In the matter of Agnellini, Ms Davis appears for the applicant, Ms Clifford for the respondent.
The applicant and respondent have today prepared interim consent orders to govern the position between them for the next 90 days, to deal with disclosure issues, and to enable the parties to engage in a mediation process. The consent terms are made in the face of looming transactions for the sale of major assets of the parties and are made in terms designed to enable the parties to pay their relevant liabilities.
Each receive a partial property settlement and retain any balance to be dealt with by future agreement or future orders of the court.
The interim property adjustment will leave the wife with a sum of $5,500,000 and also the rights to the proceeds, as yet unidentified, from the sale of the particular property to enable her to purchase another property. The husband will be entitled to receive by way of partial property settlement a sum of up to $7,000,000.
In circumstances where, insofar as the information currently before the court identifies, the parties held no assets of considerable value at the commencement of their long relationship but now hold assets to the sum of many millions of dollars, and noting that each is represented, I am satisfied that it is just and equitable of the identification of the parties assets, as set out in the wife’s affidavit material, to make this interim property adjustment in the knowledge that it will not defeat any ultimate claim made by either of the parties in respect of property adjustment.
Accordingly, I made orders in accordance with Exhibit C1.
Further order, the proceedings are adjourned for hearing and/or directions to 10am on 5 September 2025.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Ex-Tempore Reasons for Judgment of the Honourable Justice Gill. Associate:
Dated: 23 June 2025
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