Cull & Lenz (No 5)
[2022] FedCFamC1F 231
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Cull & Lenz (No 5) [2022] FedCFamC1F 231
File number(s): SYC 6598 of 2017 Judgment of: REES J Date of judgment: 8 April 2022 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE –Approval of trustees remuneration Division: Division 1 First Instance Number of paragraphs: 6 In Chambers: 8 April 2022 Place: Sydney Solicitor for the Applicant – Trustee for Sale: AMS Lawyers Pty Ltd Respondent: Litigant in person ORDERS
SYC 6598 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR BAKULIN
Applicant – Trustee for Sale
AND: MS CULL
Respondent
ORDER MADE BY:
REES J
DATE OF ORDER:
8 APRIL 2022
THE COURT ORDERS:
1.That the payment of the remuneration and expenses of the Trustee for Sale are approved for payment as submitted in the sum of $9,975.58.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Cull & Lenz has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
REES J:
On 19 March 2021, in now completed proceedings for property settlement between Ms Cull (“the wife”) and Mr Lenz (“the husband”) orders were made appointing Mr Bakulin trustee for sale of a property at EE Street, Suburb FF which was owned by the wife.
On 3 March 2022, an order was made that the wife pay the costs of the trustee for sale from her share of the proceeds of sale.
Mr Bakulin has now submitted his tax invoices and seeks approval of the Court for their payment. He has sworn an affidavit deposing that his charges are reasonable and appropriate.
A copy of Mr Bakulin’s affidavit annexing his invoice was provided to the wife on 6 April 2022 and she was asked to make any objections in relation to Mr Bakulin’s costs by 4.00 pm on 8 April 2022.
The wife provided her objections on 7 April 2022. She did not dispute any item in the tax invoice.
Accordingly I am satisfied that Mr Bakulin’s fees and disbursements should be paid as claimed.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees. Associate:
Dated: 8 April 2022
0
0
0