Megalos and Katsaros & Ors

In the Family Court of Australia, Benjamin J considered a dispute concerning the enforcement of a consent property order made on 7 December 2012. The primary parties involved were the applicant wife, the first respondent husband, and two companies, D Pty Ltd and C Pty Ltd, which were in liquidation. The seventh respondent, acting as the Trustee in Bankruptcy for the applicant wife, sought to enforce the property order against the liquidators of the companies.

The court was required to determine several key legal issues. Firstly, it had to ascertain whether the consent property order, which involved the two companies, was binding on them, particularly given their subsequent liquidation. Secondly, the court considered the application by the Trustee in Bankruptcy for leave under section 471B of the *Corporations Act 2001* (Cth) to pursue enforcement proceedings against the liquidators. This also involved questions of original jurisdiction under the *Corporations Act* and the *Bankruptcy Act 1966* (Cth), as well as accrued jurisdiction in equity.

Benjamin J reasoned that the property located at G Street, Suburb H, was appropriated in favour of the applicant wife to discharge the first respondent's obligations under the 2012 consent order. Consequently, the property was declared to be charged with the satisfaction of that obligation. The court granted the seventh respondent leave pursuant to section 471B of the *Corporations Act 2001* (Cth) to continue proceedings against the liquidators of D Pty Ltd and C Pty Ltd. Furthermore, the court declared that any monies received by the liquidators from the sale of the G Street property were held in trust for the benefit of the seventh respondent as trustee for the bankrupt estate of the applicant wife. The proceedings were listed for further mention to determine outstanding orders sought by the Trustee in Bankruptcy.