Markell and Markell (No 2)

This matter concerned an application by the wife for enforcement of consent orders made on 7 August 2018, as amended on 14 March 2019. The dispute centred on the sale of a property located at I Street, G Town.

The primary legal issue before the Court was how to enforce the existing consent orders concerning the sale of the G Town Property, particularly given the husband's apparent failure or inability to comply with those orders. The wife sought to be appointed as Trustee for Sale to facilitate the sale and ensure the proceeds were distributed according to the prior court orders.

Forrest J ordered that the wife be appointed Trustee for Sale of the G Town Property. In this capacity, she was authorised to carry out the terms of the original orders relating to the sale, including transferring the property into her name for the purpose of sale. The Court granted her all the powers of a Trustee for Sale under Queensland law, enabling her to instruct agents, arrange an auction within thirty days, engage solicitors, disburse proceeds, deal with mortgagees, and pay herself funds owed to her. She was also required to file an affidavit of account upon completion of the sale. The parties were granted liberty to apply for further directions, and the wife retained liberty to relist the matter if the sale proceeds were insufficient to satisfy the amounts ordered.