Pember and Bryson

This matter concerned an application before Hogan J in the Family Court of Australia, brought by Ms Pember and Mr Bryson. The dispute related to the enforcement of existing consent orders made on 13 February 2014 and amended on 17 December 2014, specifically concerning the distribution of dividends payable from C Pty Ltd (in liquidation).

The primary legal issue before the court was how to enforce a specific clause within the prior consent orders, which dealt with the assignment of rights as a creditor of C Pty Ltd. This required the court to determine the appropriate mechanism and priority for distributing funds held by the liquidator of C Pty Ltd to various parties, including Ms Pember, Mr Bryson, and their respective legal representatives or associated entities.

Hogan J, by consent of the parties, made orders pursuant to section 105 of the *Family Law Act 1975* (Cth) and Rule 20.07 of the *Family Law Rules 2004*. The court authorised the Liquidator of C Pty Ltd to pay dividends in a specific order of priority. Firstly, a sum of $370,000 was to be paid to Tucker and Cowen Solicitors and the Liquidator of ACN … Pty Ltd on a pro rata basis. Secondly, $25,000 was to be paid to Ms E Pember. Thirdly, $255,000 was to be paid to the Trust Account of Attwood Marshall Lawyers for Mr Pember. Finally, any remaining amounts were to be paid equally, in 50 per cent proportions, to Mr Pember and Ms Bryson respectively. The court also ordered the Respondent to pay the Applicant's costs of the appearance on 6 September 2017, and all other outstanding applications were dismissed.