KALGREEN & KALGREEN

This matter concerned proceedings between Ms Kalgreen (the Wife) and Mr Kalgreen (the Husband) in the Federal Circuit Court of Australia. The dispute involved the division of matrimonial property, specifically the "D Farm" and the "B Street, Suburb C property". The proceedings were part-heard on a final basis, with the court noting the Husband's failure to provide full and frank financial disclosure and his unilateral dealings with matrimonial property.

The primary legal issues before the court were the appropriate orders for the sale of the D Farm, given the Husband's conduct, and the costs associated with an interim hearing, particularly concerning the Independent Children’s Lawyer. The court was required to determine whether to vary existing orders to appoint the Wife as the sole trustee for the sale of the D Farm and to address the Husband's obligations and restrictions regarding the property and his financial affairs.

Judge Morley reasoned that due to the Husband's conduct, including a failure to provide full and frank financial disclosure and unilateral dealings with matrimonial property, it was necessary to appoint the Wife as the sole Trustee for the sale of the D Farm. The court made detailed orders for the sale process, including listing the property within seven days, directing the agent to take instructions solely from the Wife, and setting a maximum listing price. The Husband was ordered to cooperate fully with the sale process and was restrained from transferring, assigning, leasing, encumbering, or alienating any asset without the Wife's written consent and from incurring further debt. The court also ordered the Husband to pay the Independent Children’s Lawyer's costs of an interim hearing, fixed at $1,050.00.