Nagel (deceased) and Nagel & Anor

This matter concerned an application by the legal personal representative of a deceased party and an intervener for orders concerning the sale and distribution of property located in New Zealand, as well as funds held in trust in Australia. The applicant sought orders for money held by the husband’s solicitors and property held by the husband’s power of attorney to be paid to the applicant’s solicitors. The proceedings were heard by Benjamin J in the Family Court of Australia.

The court was required to determine how to facilitate the sale of a property in New Zealand, including the appointment of an agent and the setting of a sale price, and how the proceeds of that sale should be allocated. Further, the court needed to address the repatriation of these funds to Australia and their deposit into an interest-bearing account. The court also considered the disposition of money held in trust by the husband’s solicitors and European gold coins held by a third party, ensuring these assets were also secured in an interest-bearing account or safely stored pending further order.

Benjamin J applied principles of family law property division, acknowledging the need to make practical orders for the realisation and distribution of assets, including those located internationally. The court's reasoning focused on ensuring the orderly sale of the New Zealand property, with clear directions for the appointment of a real estate agent, the valuation of the property, and the approval of sale terms. The court then directed the allocation of sale proceeds, prioritising sale costs, encumbrances, and the repatriation of the balance to Australia for deposit into a joint interest-bearing account. Similar directions were made for funds held in trust by solicitors and for the secure storage of gold coins, all subject to further court order or agreement between the parties.

The court made extensive orders to give effect to these directions, including appointing the Registrar of the Family Court of Australia to execute documents on behalf of the respondent if necessary. Leave was granted for parties to apply to the court, and costs were reserved. The respondent's filed response was adjourned sine die, and leave was granted for parties to provide copies of court documents to legal regulators.