Duke & Duke

In the matter of *Duke & Duke*, Vasta J of the Federal Circuit Court of Australia made orders concerning the sale of various assets pending final property settlement. The applicant, Ms Duke, sought orders to facilitate the sale of cattle, plant, equipment, scrap metal, roofing iron, building materials, and other goods located on a property, some of which were owned by the respondent husband and some by his company, D Pty Ltd.

The court was required to determine how best to manage and realise the value of these diverse assets to assist in the settlement of the property. Specifically, the orders addressed the liberty of the applicant wife to sell these items, the destination of the sale proceeds, the disposal of unsaleable items, and the husband's obligations regarding the sale of a specific excavator owned by his company. The court also considered measures to prevent the husband from hindering the sale process through the registration of security interests.

Vasta J ordered that the applicant wife be at liberty to sell the specified items, with the proceeds to be deposited into a nominated law firm's trust account. These funds were to be applied towards settlement of the property sale, specifically to address secured business loans and a registered caveat, with any remainder to be held in trust pending further orders. The court also permitted the wife to dispose of unsaleable scrap or junk to prepare the property for sale. Furthermore, the husband was directed to provide necessary assistance for the sale of a 13t CAT excavator, including disclosing its location and providing keys, and was restrained from registering any security interests that would impede the sale of the specified property. In the event of a party's failure to comply with the orders, the Registrar or Deputy Registrar was appointed to execute necessary documents.