FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Moretti & Moretti (No 3) [2025] FedCFamC1F 159
File number: MLC 3989 of 2020 Judgment of: STRUM J Date of judgment: 4 March 2025 Catchwords: FAMILY LAW – Application in a Proceeding – Where several issues settled by consent – Remaining issues for determination were remediation and sale of property – Part-heard trial – Where there was a previous order for wife to undertake remediation of property – Where wife has not taken sufficient steps to ensure compliance – Where parties agree to the sale of the property – Orders made for husband to be authorised to take necessary steps for the remediation and sale of the land. Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.15 Cases cited: Moretti & Moretti (No 2) [2024] FedCFamC1F 570
Weatherall & Weatherall (2006) FLC 93-261; [2006] FamCA 269
Division: Division 1 First Instance Number of paragraphs: 32 Date of hearing: 4 March 2025 Place: Melbourne Counsel for the Applicant: Mr Goddard Solicitor for the Applicant: Roger O’Halloran & Co Counsel for the Respondent: Mr Gray Solicitor for the Respondent: Fair Family Law ORDERS
MLC 3989 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS MORETTI
Applicant
AND: MR MORETTI
Respondent
ORDER MADE BY:
STRUM J
DATE OF ORDER:
4 MARCH 2025
THE COURT ORDERS BY CONSENT THAT:
1.There be Orders in accordance with the Minute of Proposed Consent Orders dated 4 March 2025 (as amended), marked Annexure “A” and attached hereto AND IT IS DIRECTED that such Minute remain upon the Court file.
THE COURT FURTHER ORDERS THAT:
2.Until further order, the Wife be restrained by injunction from taking any of the following steps without the prior written consent of the Husband:
(a)communicating with agents, officers and employees of O Pty Ltd or any related companies in relation to the clean-up of the property situated at K Street, Suburb S in the State of Victoria (K Street property);
(b)executing any documents in her capacity as an officer of G Pty Ltd (G Pty Ltd);
(c)representing to any person that she possesses authority to exercise the powers of an officer of G Pty Ltd;
(d)entering the K Street property; and
(e)dealing with, diminishing or disposing of the assets of G Pty Ltd.
3.Until further order, the Husband have sole use and occupation of the K Street property and be in such attendance thereat, by himself, his servants or agents, as may be lawfully required.
4.Until further order, the Husband be authorised to take all steps necessary to facilitate compliance with the enforcement order made by the Victorian Civil and Administrative Tribunal in proceeding … in late 2019 (VCAT Enforcement Order) and keep the Wife promptly advised at all times of all such steps undertaken.
5.Until further order, the Wife forthwith:
(a)do all such acts and things and sign all such documents as may be required to change the…
Continue reading Moretti & Moretti (No 3)
Sign in free to access the full text
- AGLC
- Moretti & Moretti (No 3) [2025] FedCFamC1F 159
- Case
- [2025] FedCFamC1F 159
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the enforcement of the remediation order, the sale of the property, and the specific steps required to facilitate these processes. The court was required to determine the appropriate measures to ensure compliance with the VCAT Enforcement Order, the responsibilities of each party regarding the property, and the necessary steps to market and sell the property. Additionally, the court had to address the parties' requests for disclosure and the scheduling of further hearings.
In its reasoning, the court noted that Ms Moretti had not taken sufficient steps to ensure compliance with the remediation order. It was therefore necessary to authorise Mr Moretti to take the required steps to enforce the order and to keep Ms Moretti informed of these actions. The court also directed that Mr Moretti be the sole party authorised to market the property for sale and to provide Ms Moretti with details of any offers received. The court further imposed restrictions on Ms Moretti's actions to prevent any interference with the sale process. The orders also included provisions for disclosure of financial and property-related documents, and the continuation of the trial and mediation processes.
The final orders provided detailed directives for both parties, including specific restrictions on Ms Moretti's actions regarding the property and her company, G Pty Ltd. Mr Moretti was authorised to take all necessary steps for the remediation and sale of the property, with Ms Moretti required to cooperate fully in this process. The orders also included provisions for the provision of financial information, the continuation of the trial, and the scheduling of further hearings. The case management hearing was vacated, and the remaining trial was scheduled for a later date.
Orders
Orders of the court
MLC 3989 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS MORETTI
Applicant
AND:
MR MORETTI
Respondent
ORDER MADE BY:
STRUM J
DATE OF ORDER:
4 MARCH 2025
THE COURT ORDERS BY CONSENT THAT:
1. There be Orders in accordance with the Minute of Proposed Consent Orders dated 4 March 2025 (as amended), marked Annexure “A” and attached hereto AND IT IS DIRECTED that such Minute remain upon the Court file.
THE COURT FURTHER ORDERS THAT:
2. Until further order, the Wife be restrained by injunction from taking any of the following steps without the prior written consent of the Husband:
(a) communicating with agents, officers and employees of O Pty Ltd or any related companies in relation to the clean-up of the property situated at K Street, Suburb S in the State of Victoria (K Street property);
(b) executing any documents in her capacity as an officer of G Pty Ltd (G Pty Ltd);
(c) representing to any person that she possesses authority to exercise the powers of an officer of G Pty Ltd;
(d) entering the K Street property; and
(e) dealing with, diminishing or disposing of the assets of G Pty Ltd.
3. Until further order, the Husband have sole use and occupation of the K Street property and be in such attendance thereat, by himself, his servants or agents, as may be lawfully required.
4. Until further order, the Husband be authorised to take all steps necessary to facilitate compliance with the enforcement order made by the Victorian Civil and Administrative Tribunal in proceeding … in late 2019 (VCAT Enforcement Order) and keep the Wife promptly advised at all times of all such steps undertaken.
5. Until further order, the Wife forthwith:
(a) do all such acts and things and sign all such documents as may be required to change the address of the registered office of G Pty Ltd from the K Street property to the address of the Husband’s solicitors, Fair Family Law; and
(b) provide the Husband’s solicitors with copies of all correspondence addressed to her in her capacity as an officer of G Pty Ltd or addressed to G Pty Ltd forthwith upon the Wife receiving said correspondence and the Husband hereafter do likewise for the Wife.
6. Until further order, the Husband be solely authorised, to the exclusion of the Wife, to take all steps necessary to cause the K Street property to be marketed for sale.
7. In the event that the Husband is able to locate a purchaser for the K Street property, he forthwith advise the Wife of the terms and conditions of the offer, including the provision to her of any offer in writing.
8. In the event of disagreement in relation to a proposed sale, liberty to apply upon short notice in writing is reserved to the parties.
9. Until further order, the Wife be restrained by injunction from doing any act or thing that impedes the marketing for sale of the K Street sale.
10. The Husband be authorised to provide a copy of these orders to any accountant, government body, O Pty Ltd, B Organisation, the Supreme Court of Victoria, any real estate agent, any conveyancer and any relevant financial institution.
11. In the event of default by the Wife, the Husband’s solicitor is appointed pursuant to s 106A Family Law Act 1975 (Cth) to execute all documents, deeds or instruments in the name of the Wife in her capacity as an officer of G Pty Ltd as may be required to give validity and operation to the documents, deeds and/or instruments required to be executed pursuant to the provisions of these Orders.
12. Save as otherwise provided in/by these Orders, the Husband’s Application in a Proceeding filed on 25 February 2025 and the Wife’s Response Application in a Proceeding filed on 3 March 2025 be otherwise dismissed.
13. The Case Management Hearing listed on 20 March 2025 be vacated.
AND THE COURT NOTES THAT:
A. Order 8 of the Orders made on 16 December 2024 remains in full force and effect.
Annexure “A”
Trial and mediation
1. The part heard trial be listed to resume before the Honourable Justice Strum on 10 June 2025 at 10.00am, with an estimated remaining hearing time of 4 days.
2. Each of the parties be at liberty to file an updating affidavit, confined only to matters occurring since the adjournment of the trial on 11 October 2024, on or before 4:00 PM 30 May 2025, limited to 15 pages and to comply with r 2.14(1) of the Federal Circuit Court of Australia (Family Law) Rule 2021.
3. The applicant Wife (Wife) pay at first instance the fee of the Mr Z in respect of the mediation ordered by paragraph 2 of the Orders made by the Honourable Justice Strum on 16 December 2024 and the percentage of said fee to be reimbursed to the Wife by the respondent Husband (Husband) is reserved.
Disclosure
4. The Wife forthwith provide the Husband full and frank disclosure of:
(a) copies of all written correspondence with agents, officers and employees of O Pty Ltd or any related companies;
(b) copies of any contracts entered into with O Pty Ltd regarding the K Street property;
(c) copies of any leases or documents recording other dealings with the K Street property dated atter 1 July 2024;
(d) copies of any documents that record the transfer of funds between the Wife and O Pty Ltd, or the receipt of funds by O Pty Ltd from the sale of materials stored on the K Street property;
(e) copies of any documents relating to the acquisition of the property located at AA Street, Town CC in the State of Victoria;
(f) copies of any bank statements, loan agreements or other documents recording payments by the Wife to Mr BB and/or DD Limited; and
(g) copies of bank statements and transaction listings for bank accounts held in the Wife’s name from 1 March 2023.
5. The Husband forthwith provide the Wife full and frank disclosure of:
(h) copies of bank statements and transaction listings for bank accounts held in the name of EE Pty Ltd since 1 March 2020;
(i) copies of bank statements and transaction listings for bank accounts held in the Husband’s name from 1 March 2023; and
(j) a copy of any lease for the property FF Street, Suburb GG NSW since 1 March 2020.
Further payments from trust
6. The Wife’s application for a further partial property settlement be adjourned for hearing as provided by order 9.
7. The Husband file any application for a further partial property settlement by 4:00pm on 7 March 2025.
8. The Husband serve copies of the parties’ respective applications for further partial property settlements (including affidavits relied on in respect of those applications) on the lawyers for the B Organisation by 4:00pm on 11 March 2025.
9. The parties’ respective applications for further partial property settlements be listed for hearing on 2 April 2025 at 10.00am by Senior Judicial Registrar Sudholz.
AND THE COURT FURTHER NOTES THAT:
A. The Wife remains under cross-examination following the adjournment of the part-heard trial on 11 October 2024.
B. Counsel for the Husband does not oppose counsel and solicitors for the Wife taking instructions from the Wife regarding the conduct and/or compromise of these proceedings on the proviso they do not discuss the Wife’s viva voce evidence given thus far in these proceedings.
C. The Husband and Wife are booked to attend a mediation with the Mr Z in March 2025.
D. The Wife consents to order 4 notwithstanding her assertion that some of the documents described therein may have already been disclosed by her, may not be in her possession and/or control or may not exist.
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
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.