Brie & Brie (No. 2)

In the matter of *Brie & Brie (No. 2)*, Baumann J of the Family Court of Australia considered a dispute between Mr Brie (the applicant) and Ms Brie (the respondent), with Mr R acting as Trustee for Sale. The core of the dispute involved loaned funds held in a solicitor's trust account, which the husband contended his brother, the creditor, was seeking to have returned.

The primary legal issue before the Court was how to address the disposition of these loaned funds, particularly in light of the husband's assertion that the creditor sought their return, without any evidence being presented to the Court regarding the nature or specifics of this demand. The Court was required to determine the appropriate orders to ensure the funds were distributed in accordance with the parties' interests and any potential claims.

Baumann J reasoned that an order for the distribution of the funds was necessary. The Court directed the applicant, Mr Brie, to provide a written authority to his solicitors, Legacy Legal, authorising the release of $200,000 from their trust account. Of this sum, $140,000 was to be directed to the respondent, Ms Brie, and $60,000 to the liquidator, Mr R. The Court further ordered that the applicant's legal representatives confirm receipt of this authority by a specified time. In the event of the applicant's refusal or neglect to provide the necessary authorisation, the Court appointed a Registrar of the Family Court of Australia, pursuant to s.106A of the *Family Law Act 1975* (Cth), to execute such documents on behalf of the defaulting party.