Alexiou and Alexiou

[2013] FamCA 514

FAMILY COURT OF AUSTRALIA

ALEXIOU & ALEXIOU [2013] FamCA 514

FAMILY LAW – PROPERTY – Family company – Where an order had been made for the joint appointment of an accountant to assist in the winding up of the parties’ companies – Where the husband had failed to comply with such order – Where order was made that the wife is appointed as the trustee for the parties, for the purpose of appointing in the parties’ joint name, an accountant to carry out the order previously made.

Family Law Act 1975 (Cth)

APPLICANT: Ms Alexiou

RESPONDENT: Mr Alexiou

FILE NUMBER: PAC 3070 of 2010

DATE DELIVERED: 11 June 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 11 June 2013

REPRESENTATION

THE APPLICANT IN PERSON: Ms Alexiou

THE RESPONDENT IN PERSON: Mr Alexiou

Orders

1. That I stand this matter over before myself and, in particular, the application of the appointment of Ms Alexiou for the sale of the property, to 10 am on Tuesday 9 July 2013.

2. That Ms Alexiou is appointed as the trustee for the parties, for the purpose of appointing in the parties’ joint name, an accountant to act for the purpose of Order 1 made by Justice Le Poer Trench on 14 December 2012.  

IT IS NOTED that publication of this judgment by this Court under the pseudonym Alexiou & Alexiou has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER:  PAC3070/2010

Ms Alexiou

Applicant

And

Mr Alexiou

Respondent

REASONS FOR JUDGMENT

1. On 14 December 2012 Justice Le Poer Trench made the following order after contested property proceedings:

   1.The parties are to jointly appoint an accountant to assist in the winding up of companies [X] Investments Pty Limited and [Z] Finance Pty Limited.  The parties are to then instruct the chosen accountant to cause the companies to be wound up.  Each party is to do all things necessary to enable such winding up.  The parties are to contribute equally to the cost of the winding up.

2. On 19 February 2013 Ms Alexiou (“the wife”) sent an email to Mr Alexiou (“the husband”) asking him to nominate three accountants of his choice and she would pick one.  The husband has agreed this morning that that was a reasonable request and that he had not complied with it. 

3. The husband stated that he has taken steps to deregister at least one of those companies. 

4. The husband says that there are outstanding creditors that he needs to settle and that the wife has received the benefit from significant funds from X Investments Pty Limited so he should not now have to bear the costs of the winding up. 

5. As to the last of those matters the evidence the husband relies upon is a letter dated 31 March 2011.  The appropriate time to raise that issue was before Justice Le Poer Trench. 

6. As to the other two matters that may be so but the orders of Justice Le Poer Trench stand and the appropriate time to argue over a form of those orders was at the time of the hearing before Justice Le Poer Trench. 

7. Given this establishes that Mr Alexiou is not prepared to co-operate with the joint appointment as foreshadowed by those orders and it is appropriate, therefore, that that order be enforced to appoint the wife as the person who is entitled to appoint the accountants on behalf of both of the parties.

8. Accordingly, I make the orders as set out at the beginning of my reasons for Judgment.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 11 June 2013.

Associate: 

Date:  11 June 2013