FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Eccheli & Eccheli (No 7) [2025] FedCFamC1F 333
File number: SYC 1191 of 2024 Judgment of: CAMPTON J Date of judgment: 16 May 2025 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – VARIATION OF INTERIM SPOUSE MAINTENANCE – ENFORCEMENT OF MAINTENANCE ARREARS – INJUNCTIONS – Where each of the parties seek a mushrooming raft of interlocutory orders – Where the husband seeks the discharge of an interim spouse maintenance order requiring him to meet the mortgage repayments and outgoings of a real property occupied by the wife – Where the wife seeks enforcement of arrears of that order – Where the husband has failed to comply with his obligations of disclosure pursuant to ch 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) and orders as to disclosure – Where the wife seeks the variation of a injunctive order as to the provision of notice for the preservation of property and an additional injunction – Where each of the parties seek competing relief as to the application of the sale proceeds of a real property that had been the subject of a prior agreed notation – Where disputes exists as to a failure to provide to instructions to single expert valuers – Costs reserved. Legislation: Family Law Act 1975 (Cth) Pt VIII, ss 50, 79, 83
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) chapter 6 and chapter 7
Cases cited: Eccheli & Eccheli (No 5) [2025] FedCFamC1F 301
Tsiang & Wu and Ors (2019) FLC 93-911; [2019] FamCAFC 128
Weir and Weir (1993) FLC 92-338; [1992] FamCA 69
Division: Division 1 First Instance Number of paragraphs: 105 Date of hearing: 8 May 2025 Place: Sydney Solicitor for the Applicant: Ms Burrows, Zali Burrows Lawyers Counsel for the First Respondent: Mr Dura SC Solicitor for the First Respondent: Watts McCray The Second Respondent: Did not appear ORDERS
SYC 1191 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR ECCHELI
Applicant
AND: MS ECCHELI
First Respondent
MS C ECCHELI
Second Respondent
ORDER MADE BY:
CAMPTON J
DATE OF ORDER:
16 MAY 2025
THE COURT ORDERS THAT:
1.The husband’s application to discharge Order 2 made on 12 April 2024 is dismissed.
2.It be declared that the value of the husband’s obligation by way of spouse maintenance pursuant to Order 2 made on 12 April 2024 at 30 April 2025 is $285,540.
EE Property
3.Pending further order, on condition that the wife files and serves an undertaking as to damages, upon settlement of the sale of the property at FF Street, Town S in the state of New South Wales (“EE Property”), the husband, in his personal capacity and his capacity as sole Director of the Trustee company of Q Pty Ltd, is to do all acts and provide all necessary instructions and directions to cause the proceeds of sale of EE Property, after the payment of:
(a)An amount to…
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CaseChat Overview and Summary
The central legal issues before the court were whether the husband's application to discharge the interim spouse maintenance order should be granted, the extent to which the wife could enforce the maintenance arrears, and the appropriate management of the proceeds from the sale of a jointly owned property. Additionally, the court had to consider the parties' failure to comply with disclosure obligations under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Campton J dismissed the husband's application to discharge the interim spouse maintenance order and declared that the value of the husband's obligation as at 30 April 2025 was $285,540. The court further ordered that the husband must deposit the sale proceeds from a specified property into an interest-bearing account, subject to certain conditions and restrictions. Regarding the sale of another property, the court mandated specific procedures for the sale, including notice requirements and the distribution of proceeds. The court also outlined detailed instructions for the valuation of artworks owned by the parties and the management of sale proceeds from the property in question. Lastly, the court reserved costs and scheduled further hearings to manage the progress of the case.
The final orders of the court included directives for the enforcement of maintenance arrears, the management of property sale proceeds, and compliance with disclosure obligations. The court mandated that the husband provide detailed information about the artworks owned by the parties and appoint a single expert valuer to assess their worth. The court also set out a clear process for the distribution of the proceeds from the sale of the property, ensuring that certain payments were made before any distribution to the parties. The court further directed that the parties cooperate with the appointed valuer and comply with all procedural requirements, warning that failure to do so could result in the dismissal of their substantive claims.
Orders
Orders of the court
SYC 1191 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR ECCHELI
Applicant
AND:
MS ECCHELI
First Respondent
MS C ECCHELI
Second Respondent
ORDER MADE BY:
CAMPTON J
DATE OF ORDER:
16 MAY 2025
THE COURT ORDERS THAT:
1. The husband’s application to discharge Order 2 made on 12 April 2024 is dismissed.
2. It be declared that the value of the husband’s obligation by way of spouse maintenance pursuant to Order 2 made on 12 April 2024 at 30 April 2025 is $285,540.
EE Property
3. Pending further order, on condition that the wife files and serves an undertaking as to damages, upon settlement of the sale of the property at FF Street, Town S in the state of New South Wales (“EE Property”), the husband, in his personal capacity and his capacity as sole Director of the Trustee company of Q Pty Ltd, is to do all acts and provide all necessary instructions and directions to cause the proceeds of sale of EE Property, after the payment of:
(a) An amount to pay any mortgage or secured liability on the title of the property;
(b) Real estate agents’ commission and fees incurred on the sale;
(c) Legal costs and disbursements incurred on the sale;
(d) Taxation and revenue imposts incurred on the disposal;
(e) Statutory outgoings adjusted on settlement; and
(f) Other payments to be made pursuant to the terms of the contract for sale or any lease agreement;
to be deposited into an interest-bearing account held by Q Pty Ltd, the husband being restrained in his personal capacity and his capacity as the director of Q Pty Ltd from doing any act or thing to withdraw, encumber, apply or adversely affect the monies in such account, save with the agreement of the husband and wife in writing, and to do all such things as are necessary to ensure that the instructions creating the interest bearing account provides for each party to have view access to the account.
4. Within 72 hours of the making of these orders or within 24 hours of any such appointment or instructions given, whichever is the earlier, the husband shall do all things to disclose to the wife’s solicitor in writing of the identity and contact details of the appointed agent and the solicitor or conveyancer instructed to act on the sale of EE Property, the wife to provide a copy of these orders to any agent, solicitor or conveyancer appointed or acting on the sale of EE Property.
Restraint on dealings/sale of real property
5. Pending further order, on condition that the wife file an undertaking as to damages, Order 5 of the orders dated 12 April 2024 be amended to the following effect:
(a) Other than in accordance with these orders, the husband and wife be, and hereby are, restrained from selling, further encumbering, transferring, or in any other way dealing with, or diluting their interests in, any real estate in the name of the husband or the wife's, the joint names of the parties, or in the name of any commercial entity or trust in which either party is a director or shareholder, without providing the other party less than 28 days’ notice in writing of that party’s intention to do so, and providing all relevant particulars and documents as to the intended dealing with full and frank disclosure at the same time as notice is being provided.
The F Street property
6. In the event that the property at F Street, Suburb G QLD (“the F Street property”) is not sold at the First Auction pursuant to Order 5.16 made on 4 April 2025, the wife is to instruct the agent to market the F Street property for sale by public auction (the “Second Auction”) with the agent on a date within six weeks of the date of the First Auction at a reserve price five per cent below the reserve price at the First Auction.
7. In the event that the reserve price set for the Second Auction is not reached, the wife or her nominee will negotiate with the highest bidder and the second highest bidder and will accept the highest offer to purchase made within five per cent of the reserve price set for the Second Auction.
8. In order to give effect to the sale of the F Street property, the wife is to:
(a) Execute the contract for sale in such terms as recommended by the conveyancer; and
(b) Execute all other documents necessary to complete the sale within the time required by the contract for sale to ensure that the purchasers do not have a right to terminate or rescind due to failure to do so.
9. The parties are to co-operate in every way with the agent in relation to the sale of the F Street property at all times as requested by the agent and ensure that the F Street property is in a neat and clean condition.
The F Street property sale proceeds
10. On the settlement of the sale of the F Street property, the parties shall do all acts and things and sign all documents necessary to distribute the proceeds of sale in the following manner and priority:
(a) Payment of the agent’s commission, marketing and advertising costs;
(b) Payment of the legal costs of sale to the conveyancer;
(c) Payment of any amount outstanding to any water authority, local council or strata in respect of the F Street property not otherwise taken up as a credit in favour of the vendor;
(d) Payment to the wife’s solicitor’s trust account in the amount of $750,000 for litigation funding to the wife, such funds not to be applied for any other purpose save with the agreement of the husband in writing;
(e) Payment to the wife of $500,000 by way of partial property distribution; and
(f) Payment of the balance into a controlled monies account on behalf of the wife to be held by her solicitor pending further order or agreement in writing between the husband and the wife.
Valuations
11. Within seven days of the date of these orders, the husband is to disclose to the wife a list of all artworks owned by the parties, or either of them, or on behalf of either of them by any entity or other person for which they hold an interest, together with any document or certificate relating to each artwork and the precise location details and access information for each artwork.
12. Within 14 days of the date of these orders, the wife is to nominate three proposed single expert valuers pursuant to ch 7 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) to value the artworks, and within seven days thereafter the husband select one from that list. If the husband fails to make a selection within seven days, the wife will nominate the valuer, and the valuer is appointed as at that date.
13. Within 14 days of such nomination, the wife is to prepare a draft joint letter of instruction to the nominated valuer, who shall be appointed as a ch 7 single expert, for the husband’s review and the husband is to respond with any required amendments within seven days of receipt of the draft letter. If the husband fails to respond within seven days, the wife is to sign the letter on behalf of both parties and send the letter without amendment to the valuer, together with a copy of these orders.
14. The parties are to cooperate with all requests made by the valuer including providing access to each artwork and the provision of any documents as may be requested.
The H Street property proceeds
15. Subject to obtaining the consent of Ms C Eccheli in writing, the husband and the wife shall forthwith do all acts and things necessary to direct and authorise Swaab Attorneys to apply the balance of the proceeds of sale after compliance with Order 8 made on 8 May 2025 to be applied in the following priority:
(a) In payment of an amount sufficient to discharge the arrears of strata levies and outgoings payable pursuant to Order 2 made 12 April 2024 agreed in the sum of $24,312 at 8 May 2025; and
(b) In payment of the balance to the wife.
16. Except as provided for by these orders, the husband’s Application in a Proceeding filed on 2 December 2024 as subsequently amended, his Application in a Proceeding filed on 21 March 2025 as amended on 24 April 2025, and the wife’s Response to an Application in a Proceeding filed on 10 March 2025 and sealed on 11 March 2025 are dismissed.
17. The costs of each the husband and the wife of, and incidental to, the Applications and Responses determined by way of the orders made on 8 May 2025 and these orders are reserved.
18. On or before 6 June 2025 each of the husband and the wife are to file and serve an undertaking of disclosure in compliance with ch 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). In the event either the husband or the wife fails or neglects to comply with this order, or make any application to extend time to comply with it, they are on notice that the court may, on its own motion, dismiss the substantive relief of the party in default.
19. The proceeding be listed for a Compliance and Readiness Hearing in person before the docket judge at 9.30 am on 5 September 2025.
20. The proceeding be listed before a senior judicial registrar for case management hearing as to the progress of instructions to any ch 7 single experts and any other procedural disputes or issues on 26 June 2025 at 10.00 am.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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