MACFARLANE & HURLEY

This matter came before Rees J concerning orders sought by the parties in relation to their property settlement. The dispute involved the husband, acting as the sole director of C Investments Pty Ltd (trustee for the C Trust, referred to as "Business C") and T Pty Ltd ("Business T"), and the wife. The court was asked to make orders concerning the leasing of business premises and the sale of a property.

The legal issues before the court were whether to make orders requiring the husband, in his directorial capacities, to take steps to lease business premises on specific terms, and to list a particular property for sale. The court was also required to consider the terms of such proposed lease and sale, including the duration of the lease, rental amounts, and the method and conditions of the property sale. Furthermore, the court needed to determine the appropriate mechanism for enforcing these orders, including the potential for the Registrar to execute documents on behalf of a defaulting party.

Rees J reasoned that it was appropriate to make orders facilitating the proposed lease and sale arrangements. The court ordered that the husband, as director of Business C and Business T, was to obtain lender consent for Business C and Business T to enter into a five-year lease with a five-year option, with specific rental provisions and annual CPI reviews. The husband was also ordered to cause Business C to list the Suburb A property for sale by public auction by a specified date, with particular agents and solicitors, and subject to conditions including equal sharing of marketing costs and the husband's authority to negotiate sales subject to the wife's consent. The court also made provision for the Registrar to execute documents if a party failed to do so, pursuant to section 106A of the Family Law Act 1975 (Cth).