Eccheli & Eccheli (No 2) [2025] FedCFamC1F 227 (4 April 2025)

1. That within seven (7) days of the date of these Orders, the Husband shall pay, and continue to pay as they arise, all utilities, rates/levies and all other outgoings in respect of the [F Street] property pending sale and settlement of same including any amounts that are overdue as at the date of these Orders and shall indemnify the Wife and keep her indemnified with respect to such expenses.
2. That within fourteen (14) days of the date of these Orders, the parties shall do all acts and things and sign all documents necessary to market for sale and sell the [F Street] property for the best price reasonably obtainable and, in particular:

16.1. Within seven (7) days of the date of these Orders, the Husband is to vacate the [F Street] property with only his personal belongings and not removing any custom-made furnishings, ensuring that the property is left in a clean and presentable state suitable for inspections by potential buyers.

16.2.1. appoint [Mr W] at [X Real Estate] (the "Agent") to act on the sale of the [F Street] property;

16.2.2. execute all documents requested by the Agent for the sale of the [F Street] property in the Agent's standard terms and with the Agent's standard fees;

16.2.3. give such instructions as are necessary to [Y] Lawyers to act on the sale of the [F Street] property (the "Conveyancer");

16.2.4. instruct the Agent to market the property for sale by way of public auction (the "First Auction") private treaty for a period of weeks or such other period of time as recommended by the Agent, using a listing price as recommended by the Agent, noting that the Agent indicated on 30 July 2024 that the property may sell for between $2,800,000 to $3,100,000 and has recently advised that the Easter period provides optimal opportunity to sell the property due to increased tourism in the area;

16.2.5. instruct the Agent to negotiate and accept an offer made to purchase the [F Street] property; and

16.2.6. provide disclosure to the Husband regarding the sale of the property within a reasonable timeframe.

1. That within 7 days of the date of these Orders, the Husband is to respond to the matters raised, to the extent that a response has not yet been provided, and provide all relevant supporting documents in response to the following letters from the Wife's Solicitor:

26.2. Letter dated 4 December 2024 identified by the title 'Sale of Matrimonial properties',

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.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Eccheli & Eccheli has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The matter is listed before me today for hearing of an application of the husband that was filed ultimately on 27 March 2025 and an application of the wife filed on 11 March 2025. In that respect, I note that I made Orders on 14 March 2025 to the following effect:
   1. By consent Orders and notations are made in accordance with paragraphs 1 to 7 of a document titled "Minute of Order" filed 14 March 2025 (marked as Exhibit 1) as set out hereunder:

"1. That these proceedings be listed for interim hearing on 4 April 2025.

1. That the husband shall file and serve an Amended Application in a Proceeding and affidavit by 21 March 2025.
2. It is noted for the purposes of the interim hearing the wife seeks Orders in accordance with the Response to Application in a Proceeding filed 11 March 2025.
3. That Orders be made in accordance with Order 6 of Response to Application in a Proceeding filed 11 March 2025 with "72 hours" amended to read "by 28 March 2025".
4. That Orders be made in accordance with Orders 28 and 29 of the Response to Application in a Proceeding filed 11 March 2025.
5. It is noted for the purposes of complying with the preceding Order, the wife has caused the number plates of the said vehicle to be handed in at [...] Services NSW.
6. That the solicitors for the wife shall cause the disclosure material previously provided to the husband's former solicitors by electronic means to be provided to the husband's current solicitors by 28 March 2025 save for any documents provided in hard copy."

1. The husband's solicitor says that the wife should not be permitted to proceed on her application in circumstances where it was filed outside of the time provided for in orders that were made on 6 December 2024. The husband's solicitor further says that to meet the wife's application she requires six weeks in which to file further affidavit material.
2. The orders that the wife seeks are contained in the Case Outline on behalf of the respondent which I will make Exhibit 1 in today's application. Part of the husband's complaint about Exhibit 1 and the orders that the wife seeks is in relation to a sale of the F Street property which the husband contends the agent nominated by the wife, who is the legal owners of the property, is selling at under value.
3. Ultimately in an exchange with the husband's solicitor, such proposition seems to have been abandoned but lest there be any mistake about that fact the husband estimates the value of the F Street property in his Financial Statement to be $3,063,000, so that anything advanced by the husband's solicitor on his behalf suggesting a sum less than that does not seem to be supported even by the husband's own case.
4. The wife seeks a suite of orders that provide for a payment to her by way of urgent relief under s 77 of the Family Law Act 1975 (Cth) ("the Act"), orders effectively by way of compliance with previous orders made in 2024, as well as a suite of orders by way of disclosure and for the purposes of valuations.
5. Questions directed to the husband's solicitor today raise serious concerns about the accuracy of the husband's Financial Statement sworn on 3 April 2025. The Financial Statement contends that the husband expends on a weekly basis $16,583. It does not make immediately apparent the source of funding available to the husband to meet those payments. Enquiries made with the husband's solicitor indicate that he seems to meet those payments by way of borrowings. The Court was initially told that the borrowings from a Ms V ceased in January of this year, but that does not appear to be consistent with subsequent statements made by the husband's solicitor.
6. Even assuming that he does continue to receive money from Ms V, his Financial Statement is deficient in a number of material respects as identified by senior counsel for the wife. In relation to the issues of disclosure, the wife makes a continuing complaint as she has done throughout these proceedings that the husband has not complied with his obligations.
7. It is apparent to me that the husband is not in a position to be able to meet all of the relief sought by the wife. I do not propose to deal with the interlocutory skirmishes over a series of hearings. I am, however, satisfied that the wife is in urgent need of spousal maintenance and consistent with the provisions of s 77 of the Act that immediate need is made apparent by her affidavit and Financial Statement. I am satisfied that it is not practicable in the circumstances to determine immediately what order should be made and I propose to make an order that the husband pay the wife the sum of $20,000 to be paid by two instalments of $10,000 each; the first instalment to be made by 4.00 pm on 16 April 2025 and the second instalment by 4.00 pm on 23 April 2025.
8. I propose as part of the directions that I will make, to stand this matter over to 29 April 2025 to hear and determine all applications.
9. I propose to make directions for the husband to file his affidavit material by 4.00 pm on 17 April 2025. If he does not comply with that direction then the matter will proceed on 29 April 2025 on an undefended basis.
10. I will also make orders in accordance with paragraph 26 of Exhibit 1 and make orders in relation to the sale of the F Street property in circumstances where I am told that the husband will co-operate with the agent. Therefore, I propose to make orders 15 and 16 of Exhibit 1.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Schonell.