Alexiou and Alexiou

The Family Court of Australia considered an application by Ms Alexiou (the wife) against Mr Alexiou (the husband) concerning the winding up of two family companies, [X] Investments Pty Limited and [Z] Finance Pty Limited. An earlier order made by Justice Le Poer Trench on 14 December 2012 directed the parties to jointly appoint an accountant to assist in the winding up of these companies and to instruct that accountant accordingly, with each party to bear the costs equally.

The primary legal issue before the court was how to enforce the previous order for the joint appointment of an accountant, given the husband's failure to comply with it. The wife had requested the husband nominate three accountants for her to choose from, a request the husband acknowledged was reasonable but which he had not fulfilled. The husband also raised concerns about outstanding creditors and the wife having received significant funds from one of the companies, arguing he should not bear the winding-up costs.

Justice Aldridge found that the husband's arguments regarding creditors and prior fund distribution were matters that should have been raised at the original hearing before Justice Le Poer Trench. The court determined that the husband's lack of cooperation in the joint appointment process necessitated an alternative enforcement mechanism. Applying principles of enforcing court orders, the court concluded that it was appropriate to appoint the wife as the trustee for the parties, empowering her to appoint the accountant on their behalf to give effect to the existing order.

Consequently, the court ordered that Ms Alexiou be appointed as trustee for the parties for the purpose of appointing, in their joint names, an accountant to carry out the order of Justice Le Poer Trench made on 14 December 2012. The matter was adjourned to 9 July 2013 for further consideration, including the application for the sale of property.