Melounis & Melounis (No 3)

The case of Melounis & Melounis (No 3) involves a dispute between Ms Melounis and Mr Melounis regarding the enforcement of existing court orders pertaining to the sale of their shared family home. The matter was brought before the Federal Circuit and Family Court of Australia (Division 1) by Ms Melounis, who sought to be appointed as the trustee for the sale of the property and for exclusive occupation of the home pending its sale. This application followed previous orders from 14 May 2022, which mandated the sale of the property but had been obstructed by the husband’s non-cooperative conduct.

The legal issues before the court included whether Ms Melounis should be appointed as the trustee for the sale of the property and if she should be granted exclusive occupation of the home pending the sale. Additionally, the court needed to determine the appropriate measures to enforce compliance with the existing sale orders, given the husband's obstructive behaviour and the delay caused by Ms Melounis's application to vary the orders. The court had to balance the need for enforcing the existing orders with the necessity of facilitating a cooperative process for the sale of the property.

The court found that the existing orders should be enforced, and Ms Melounis should be appointed as the trustee for the sale of the property. The court noted the husband's obstructive conduct, including his failure to respond to the wife's efforts to comply with the sale orders and his imposition of inappropriate conditions for the sale. The court further determined that Ms Melounis should have exclusive occupation of the home to facilitate the sale process. The court restrained the husband from removing certain items and attending the property without consent, and it mandated the husband to vacate the property within 21 days. The court also detailed specific instructions for the sale process, including the appointment of real estate agents and conveyancers, the preparation of the property for sale, and the method and cost limits for marketing the property.

In conclusion, the court granted Ms Melounis’s application and issued orders appointing her as the trustee for the sale of the property, granting her exclusive occupation, and outlining the steps required to prepare and sell the property. The court also noted that the proceeds of the sale would be held pending any further orders regarding the distribution of those proceeds or an agreement between the parties.