FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Munayallan & Scott (No 6) [2022] FedCFamC1F 345
File number(s): SYC 92 of 2012 Judgment of: HENDERSON J Date of judgment: 12 April 2022 Catchwords: FAMILY LAW – INTERVENTION – Third party – Application in a Proceeding sought by the liquidator of a company deemed to be the alter-ago of the husband, to vary previous orders made restraining the company or such other entity of which the husband has control or an interest in from depleting and withdrawing any sums or moneys in the respective account to allow the liquidator to enter into a deed of settlement and cost agreement with the wife and a third party pursuant to s 477(2B) of the Corporations Act 2001 (Cth) – Application granted.
FAMILY LAW – PRACTICE AND PROCEDURE – Application sought for a non-publication order pursuant to s 102PE of the Family Law Act 1975 (Cth) for the deed of settlement and cost agreement entered into between the wife, liquidator and a third party – Application granted.
Legislation: Corporations Act 2001 (Cth) ss 58AA, 477, 477(2B)
Family Law Act 1975 (Cth) ss 102P, 102PE, 102PF(1)(a)
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 8, 28.
Cases cited: Cirillo & Cirillo (No 4) [2022] FedCFamC1F 208
In the matter of 7 Steel Distribution Pty Limited (in liquidation) (receivers and managers appointed) [2013] NSWSC 669
Pascoe; in the matter of Matrix Group Ltd (in liq) [2011] FCA 1117
Stewart in the matter of Newtronic Pty Ltd [2007] FCA 1375
Division: Division 1 First Instance Number of paragraphs: 54 Date of hearing: 12 April 2022 Place: Sydney Solicitor Advocate for the Applicant: Nicholas Chase Berry Solicitor for the Applicant: ERA Legal Counsel for the First Respondent: Litigant in person Counsel for the Second Respondent: Litigant in person Counsel for the Third Respondent: Litigant in person ORDERS
SYC 92 of 2012 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR AB AS LIQUIDATOR OF I PTY LTD
Applicant
AND: MS MUNAYALLAN
First Respondent
MR SCOTT
Second Respondent
MR PHONG
Third Respondent
ORDER MADE BY:
HENDERSON J
DATE OF ORDER:
12 APRIL 2022
THE COURT ORDERS THAT:
1.Pursuant to section 477 of the Corporations Act 2001 (Cth) (“Corporations Act”), the liquidator of I Pty Ltd (in liquidation), Mr AB (“Liquidator”), be approved to enter into:
(a)the deed of settlement and release dated 21 March 2022, annexed to the affidavit of Mr AB affirmed 7 April 2022 and filed with the Application in a Proceeding filed 8 April 2022 (“Settlement Deed”);
(b)the retainer between ERA Legal, I Pty Ltd and the Liquidator, for the provision of legal services, dated on or about 22 March 2022, annexed to the affidavit of Mr AB affirmed 7 April 2022 and filed with the Application in a Proceeding filed 8 April 2022 (“Costs Agreement”).
2.Order 14 made by Henderson J on 29 September 2021 be varied by:
(a)adding the words “subject to order 14A below” to…
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CaseChat Overview and Summary
The court found that the Family Court had the jurisdiction to grant the liquidator leave to enter into a deed of settlement under section 477(2B) of the Corporations Act 2001 (Cth). The court also considered the liquidator's concerns about the husband's potential actions to deplete company assets and the importance of preserving the assets for the benefit of the shareholders, including the wife. The court granted the application to vary the previous orders, allowing the liquidator to sell or realise assets, subject to certain conditions. The court further approved the liquidator to enter into the deed of settlement and costs agreement and granted the non-publication order, finding it necessary to prevent prejudice to the proper administration of justice.
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