Khalid and Khalid & Ors

In the matter of *Khalid and Khalid & Ors*, Benjamin J of the Family Court of Australia considered an application by the liquidators of I Pty Ltd (in liquidation) for leave to be joined as parties to the proceedings. The dispute involved the husband and wife, with the liquidators seeking to intervene due to their interest in the financial affairs of the parties and potentially the assets in question.

The court was required to determine whether to grant leave for the liquidators to be joined as parties to the family law proceedings. Additionally, the court needed to make directions regarding the disclosure of financial information by the husband to the wife and the liquidators, and to consider the appointment of a trustee with power of sale over certain real properties.

Benjamin J granted leave for the liquidators to be joined as parties. The court reasoned that their involvement was necessary for the proper and complete determination of the proceedings, particularly concerning the financial aspects of the dispute. The court then made extensive orders, appointing the wife as Trustee with the power of sale over two specified properties. These orders empowered the wife to take all necessary steps to effect the sale of the properties, including instructing solicitors and real estate agents, signing sale contracts, and negotiating with mortgagees. The husband was directed to provide disclosure of various debts and property valuations, and was restrained from interfering with the sale process or devaluing the properties. The proceeds of sale were to be applied first to sale costs, then outstanding rates and rent, followed by the discharge of mortgages, with any net proceeds to be held in trust pending further orders.