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
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
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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