Matheson and Matheson

In the Family Court of Australia, Justice Barry considered an application by D Matheson, which was subsequently dismissed. The proceedings concerned the sale of a boat, previously ordered by the Court on 12 April 2007, with Mr H of P Partners appointed as Trustee for Sale.

The central legal issues before the Court were the proper distribution of the proceeds from the sale of the boat, the deduction of the Trustee's fees and outlays, and the procedure for resolving any disputes regarding those deductions. The Court also had to determine how to manage any shortfall in funds available for distribution.

Justice Barry directed the Trustee to pay the balance of the sale proceeds, after deducting approved fees and outlays, to the Collector of Public Moneys. The Trustee was permitted to retain claimed fees and outlays in trust for thirty days, allowing parties to object. If no objection was lodged, the fees could be paid; otherwise, the dispute would be relisted for determination. The Trustee was also ordered to provide a detailed account of receipts and payments, along with a statement of fees and outlays, to the Registrar. The Registrar was to then facilitate payments as per the original consent orders, with any insufficiency in funds leading to a relisting of the matter. All other outstanding applications were dismissed, and the proceedings were removed from the active list.