Barre & Barre and Ors

In *Barre & Barre and Ors*, Harper J of the Federal Circuit and Family Court of Australia considered an application for the release of funds from a controlled monies account. The proceedings involved two substantive matters: the enforcement of a binding financial agreement and a declaration regarding a de facto relationship. The funds in question were the balance of proceeds from the sale of real estate owned by Barre Pty Ltd, a company controlled by Mr Barre. An existing court order, analogous to a freezing order, prevented the dissipation of these funds pending the final resolution of the proceedings.

The court was required to determine whether to grant an order for the release of specific amounts from the controlled monies account, despite the existing restraint on the funds. This involved considering the nature of the funds, their significance as a financial resource for Mr Barre, and the potential impact of any release on the ultimate outcome of the matrimonial and de facto proceedings. The court also had to address the characterisation of any payments made from the account, which was to be determined at a final hearing.

Harper J reasoned that while the funds were not directly owned by the parties, they represented a significant financial resource for Mr Barre, being the balance of proceeds from a company he controlled. The existing freezing order was intended to prevent the frustration of potential court orders in favour of other parties. However, the court noted that a partial consent order had previously been made, releasing $130,000 to Ms Haynes, who then ceased to be a party. In the present application, a partial consent order was reached by the parties for the release of $70,000 to Mr Barre and $50,000 to Ms Gilliam.

The court made orders for the release of $70,000 to Mr Barre and $50,000 to Ms Gilliam from the controlled monies account within seven days. The characterisation of these payments was expressly reserved for the final hearing.