Melounis & Melounis (No 5)

Case [2025] FedCFamC1F 235


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Melounis & Melounis (No 5) [2025] FedCFamC1F 235

File number(s): SYC 7199 of 2019
Judgment of: ALTOBELLI J
Date of judgment: 10 April 2025
Catchwords: FAMILY LAW – PROPERTY – Interim Property – Where the Court is asked to determine whether one, or both, parties should receive $185,000 by way of interim property distribution – Where the parties agree that the applicant is entitled to a $185,000 interim property order – Where similar orders sought by the respondent are opposed by the applicant – Where the Court finds that any order made would be reversible – Where the Court finds that late or inadequate disclosure is not a bar to an interim property order – Where the interests of justice and equity deem that the respondent should receive an interim property distribution limited only to legal expenses – Where an interim property order is made in favour of the respondent.
Legislation: Family Law Act 1975 (Cth) ss 65DAAA, 75(2), 79, 79A
Cases cited:

Baghti & Baghti and Ors [2015] FamCAFC 71

Melounis & Melounis (No 3) [2023] FedCFamC1F 849

Melounis & Melounis (No 4) [2024] FedCFamC1F 778

Melounis & Melounis [2022] FedCFamC2F 650

Ruslan & Ruslan [2024] FedCFamC1F 50

Division: Division 1 First Instance
Number of paragraphs: 44
Date of hearing: 2 April 2025
Place: Sydney
Solicitor for the Applicant: Ms Ralston of Coleman Greig Lawyers
Solicitor for the Respondent: Mr Naddaf of Foye Legal Pty Ltd

ORDERS

SYC 7199 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS MELOUNIS

Applicant

AND:

MR MELOUNIS

Respondent

ORDER MADE BY:

ALTOBELLI J

DATE OF ORDER:

10 APRIL 2025

THE COURT ORDERS THAT:

Interim property orders

1.Both parties receive the sum of $185,000 from the Controlled Monies Account “COLEMAN GREIG LAWYERS PTY LTD CMA ATF [MS MELOUNIS] & [MR MELOUNIS]”.

2.For the purpose of facilitating Order 1, Coleman Greig Lawyers is hereby authorised to, within five business days from the receipt of these sealed Court Orders, transfer $185,000 to the trust account of the Respondent Husband’s legal representatives for the sole purpose of meeting current and future legal expenses associated with these proceedings.

3.For the purpose of facilitating Order 1, Coleman Greig Lawyers is hereby authorised to, within five business days from the receipt of these sealed Court Orders, disburse $185,000 to the Applicant Wife in the following manner:

(a)$70,000 to be transferred into Coleman Greig Lawyer’s trust account and held on behalf of Ms Melounis, to be used for payment of counsel’s fees of and incidental to the final hearing commencing 14 July 2025;

(b)$65,000 to be transferred into Coleman Greig Lawyer’s trust account and held on behalf of Ms Melounis, to be used for payment of solicitor’s fees of and incidental to the final hearing commencing 14 July 2025; and

(c)$50,000 to be transferred to Ms Melounis, as she directs, with such funds being eligible for use in payment of reasonable living expenses.

Costs

4.The costs of, and…

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AGLC
Melounis & Melounis (No 5) [2025] FedCFamC1F 235
Case
[2025] FedCFamC1F 235
Decision Date

CaseChat Overview and Summary

This case involves the financial arrangements between Ms Melounis and Mr Melounis. The wife is seeking an interim property distribution of $185,000, which the husband consents to only if he also receives the same amount. The wife opposes the husband receiving any funds. The Court must decide what, if any, funds should be distributed on an interim basis between the parties.

The legal issues the Court was required to decide include whether the wife is entitled to an interim property distribution of $185,000, whether the husband should also receive the same amount, and whether the interests of justice and equity would be served by making an interim property distribution to the respondent limited only to legal expenses. The Court had to consider the parties’ agreement, the interests of justice and equity, and whether late or inadequate disclosure should bar an interim property order.

The Court found that the wife was entitled to an interim property distribution of $185,000, but the husband's entitlement to the same amount was opposed by the wife. The Court determined that any order made would be reversible and that late or inadequate disclosure was not a bar to an interim property order. The Court found that the interests of justice and equity would be served by making an interim property distribution to the respondent limited only to legal expenses. Consequently, the Court made an interim property order in favour of the respondent.

The Court ordered that both parties receive the sum of $185,000 from the Controlled Monies Account, with specific directions for the disbursement of the funds to cover legal expenses and reasonable living expenses. The costs of the proceedings were reserved and remitted for consideration by the trial judge at the conclusion of the final hearing.

Orders

Orders of the court

SYC 7199 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS MELOUNIS

Applicant

AND:

MR MELOUNIS

Respondent

ORDER MADE BY:

ALTOBELLI J

DATE OF ORDER:

10 APRIL 2025

THE COURT ORDERS THAT:

Interim property orders

1. Both parties receive the sum of $185,000 from the Controlled Monies Account “COLEMAN GREIG LAWYERS PTY LTD CMA ATF [MS MELOUNIS] & [MR MELOUNIS]”.

2. For the purpose of facilitating Order 1, Coleman Greig Lawyers is hereby authorised to, within five business days from the receipt of these sealed Court Orders, transfer $185,000 to the trust account of the Respondent Husband’s legal representatives for the sole purpose of meeting current and future legal expenses associated with these proceedings.

3. For the purpose of facilitating Order 1, Coleman Greig Lawyers is hereby authorised to, within five business days from the receipt of these sealed Court Orders, disburse $185,000 to the Applicant Wife in the following manner:

(a) $70,000 to be transferred into Coleman Greig Lawyer’s trust account and held on behalf of Ms Melounis, to be used for payment of counsel’s fees of and incidental to the final hearing commencing 14 July 2025;

(b) $65,000 to be transferred into Coleman Greig Lawyer’s trust account and held on behalf of Ms Melounis, to be used for payment of solicitor’s fees of and incidental to the final hearing commencing 14 July 2025; and

(c) $50,000 to be transferred to Ms Melounis, as she directs, with such funds being eligible for use in payment of reasonable living expenses.

Costs

4. The costs of, and incidental to these proceedings is reserved and remitted for consideration by the trial judge at the conclusion of the final hearing.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

This case concerns the financial arrangements between Ms Melounis (“the wife”) and Mr Melounis (“the husband”) (collectively “the parties”). The wife seeks, amongst other procedural orders, $185,000 by way of partial property distribution. The husband consents to the wife receiving those funds provided he also receives that amount. The wife opposes the husband receiving any funds. The Court must therefore decide what, if any, funds shall be distributed on an interim basis between the parties.BACKGROUND The wife is 41 years old and is an administrative worker. The husband is 48 years old and is both employed as a business manager and self-employed as a company director. The wife asserts that the parties commenced their relationship in 2006, whilst the husband asserts that the parties began their relationship in 2008. The parties commenced cohabitation in 2008 and were married in 2010. The husband contends that the parties separated on 8 September 2018, whilst the wife contends that final separation occurred on 17 October 2019. For present purposes, nothing turns on these differences.Litigation history This matter has a substantial litigation history. Eighty orders have been made during the course of the matter. By virtue of the length and complexity of these proceedings, these reasons for judgment will only traverse materially relevant orders and determinations. The matter first came before the Court on 25 November 2019 and was later listed for a three-day final hearing before Judge Morely commencing 14 September 2020. The final hearing was unable to conclude within the three allocated days and was further listed on 18 September, 6 November and 12 November 2020. On 14 December 2020, his Honour made orders in chambers reserving the final judgment after written closing submissions were received. The final reasons for judgment were delivered on 24 May 2022 (Melounis & Melounis [2022] FedCFamC2F 650 (“Melounis”)). His Honour identified that the net matrimonial property pool, including superannuation entitlements, amounted to $1,934,582. Contributions were assessed as 55:45 in favour of the husband, with a five percent adjustment in favour of the wife under s 75(2) of the Family Law Act 1975 (Cth) (“the Act”). The parents received an even split of the balance of the marital property pool as found by his Honour, and as annexed as schedule one to these reasons for judgment. In order to effectuate Judge Morely’s orders the matrimonial home located at F Street, Suburb D NSW (“the former matrimonial home”) had to be sold. On 7 August 2023, the wife filed an urgent Application in a Proceeding enforcing the sale of the former matrimonial home. This matter was heard by Henderson J on 26 September 2023 and ex-tempore reasons for judgment were delivered on 27 September 2024 (Melounis & Melounis (No 3) [2023] FedCFamC1F 849 (“Melounis (No 3)”). In Melounis (No 3), the wife was made trustee for the sale of the former matrimonial home. When later sold, the proceeds from the former matrimonial home totalled $1,671,487.50 and were deposited in a controlled monies account in the parties’ joint names (“the controlled monies account”).

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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