Cox & Cox

In the matter of Cox & Cox, Berman J of the Family Court of Australia made orders concerning the directorship and management of three companies: E Pty Ltd, D Pty Ltd, and F Pty Ltd. The dispute involved parties who were required to appoint an independent director, Mr B of C Accountants, to these companies. The orders also addressed the provision of insurance and indemnities for Mr B, and regulated the attendance of the parties at company meetings and business premises.

The court was required to determine the appropriate interim orders to manage the affairs of the companies, particularly in light of potential disputes between the parties. This involved considering the appointment of an independent director with specific powers, ensuring that director's liabilities were covered, and establishing protocols for the parties' involvement in the companies' operations. The court also had to consider variations to previous orders made by the Federal Circuit Court of Australia.

Berman J reasoned that the appointment of an independent director was necessary to ensure the proper governance and operation of the companies. The court applied principles of company law and family law, particularly Section 106A of the Family Law Act 1975, which allows for the appointment of a Registrar or Deputy Registrar to execute documents on behalf of a defaulting party. The orders aimed to provide stability and prevent further deadlock or mismanagement of the companies pending further resolution of the underlying dispute. The court also varied existing orders to reflect the new arrangements.