Allan and Allan and Ors

In the matter of *Allan and Allan and Ors*, Watts J of the Family Court of Australia considered an application by the wife concerning the management and sale of various properties held by W Nominees Pty Limited, the trustee of the Allan Family Trust. The dispute involved the husband and wife's roles in the trust and the disposition of its assets.

The court was required to determine several key issues, including whether the husband should be restrained from removing W Nominees as trustee, and how the company's directorship and shareholding should be structured to facilitate the sale of trust properties. The court also had to consider the process for marketing and selling specific Western Australian and New South Wales properties, including the setting of reserve prices and the distribution of sale proceeds.

Watts J ordered that the husband be restrained from removing W Nominees as trustee. The court further directed that the husband and wife, in their capacities as shareholders, take steps to amend W Nominees' articles of association to allow for a minimum of one director and to appoint the wife as the sole director and secretary. The court then made detailed orders for the sale of the Western Australian and New South Wales properties by public auction, specifying timelines, marketing requirements, and the process for negotiating sales if reserve prices were not met. The proceeds of sale were to be applied first to legal fees, then to discharge secured liabilities, and finally to satisfy a specific debt owed to P Finance Limited. The court also appointed the Registrar of the Family Court to execute documents if necessary to give effect to these orders.