Melle & Melle [2025] FedCFamC1F 970 (20 November 2025)

1. Within fourteen days (14) days from the date of this Order, the Respondent shall disclose all relevant documents and/or information which is within his power, possession or control relating to the nature of any liabilities attributed to the following properties:

(a) E Street, City F (B Business);

(b) G Street Region H, QLD; and

(c) J Street, Suburb K, QLD.

1. That the Applicant Wife be appointed as trustee in relation to the following property on the following basis:

(a) L Street, Suburb M in the State of .land, more particularly described at Lot ... on Survey Plan ... on Certificate of Title Number ... (Suburb M Property)

1. Orders 14 and 15 of the Orders dated 28 June 2024, to the extent they apply to the Suburb M Property, are discharged.
2. Within fourteen (14) days from the date of this order, the parties shall do all acts and things necessary to immediately list the Suburb M Property for sale by private treaty for a period of two (2) months with N Realty (the Real Estate Agent).
3. The sale price for the private treaty sale in Order 5 above will not be less than $1,100,000.00.
4. If the Suburb M Property is not sold within two (2) months of the private treaty period, it shall be listed for sale by public auction, with such auction to take place without four (4) weeks of the expiry of the private treaty period on the same terms. Failing sale at the auction, the Suburb M Property shall be re-listed for sale by private treaty until sold on the same terms.
5. The auctioneer shall be nominated in writing by the Real Estate Agent (the Appointed Auctioneer), with the Applicant signing all documents necessary to appoint the auctioneer within fourteen (14) days of the end of the private treaty period.
6. The parties will be jointly responsible for paying to the Real Estate Agent and Appointed Auctioneer any sums requested for advertising or auction expenses.
7. The reserve price for the auction shall not be less than $1,100,000.00.
8. If the Suburb M Property continues to remain unsold, the Parties shall do all acts and things and sign all documents necessary to immediately re-list the property for sale by private treaty at the list price recommended in writing by the Real Estate Agent.
9. Upon completion of the sale of the Suburb M Property, the proceeds shall be disbursed as follows:

(a) in payment of an amount sufficient to discharge the Westpac mortgage secured against the Suburb M Property; then

(b) to pay all outstanding council rates, water or levies owing at the time of sale;

(c) to pay all real estate commission, sale costs, marketing costs or legal fees associated with the sale; and

(d) to pay the balance into Harmony Legal & Associates' Trust Account, to be held on trust for both the Applicant Wife and the Respondent Husband jointly pending agreement or further order.

1. Pursuant to s 80(1)(e) of the Family Law Act 1975 (Cth):

(a) Mr C of D Administration be appointed as trustee for the sale of property described as Lot ... on registered plan ... with title reference ... (Property).

(b) the Property be vested in the trustee subject to any encumbrances, affecting the entirety of the Property, but free from encumbrances, if any, affecting any undivided share or shares therein, to be held by the said trustee upon statutory trust for sale.

(a) be empowered to offer the Property for sale by public auction with power to fix a reserve price or by any other method by which the Trustee consider appropriate;

(b) has sole control of the Property and sole conduct of the sale of the Property and be authorised to engage, if and as required, licensed real estate agent(s), auctioneer(s), solicitor(s), licensed conveyancing agent(s) and/or any such other persons as are reasonably required to be engaged by the Trustee during the course of their appointment;

(c) be:

(i) authorised to charge remuneration for work done at reasonable rates, being the rates set out in their disclosure statement/service agreement plus GST;

(ii) indemnified from the proceeds of sale of the Property in respect of any expenses properly incurred by the Trustee; and

(iii) permitted to deduct from and/or retain amounts from the proceeds of sale of the Property to pay his remuneration and expenses.

1. On completion of the sale of the Property by the Trustee, the proceeds from sale shall be distributed in the following order:

(a) first, in payment of selling costs and expenses in connection with the sale of the Property including but not limited to:

(i) legal costs and disbursements in transferring the Property into the name of the Trustee;

(ii) selling agent's fees, commission and expenses, including marketing expenses;

(iii) auctioneer's fees;

(iv) legal costs and disbursements associated with the sale; and

(v) any other selling costs and expenses.

(b) then in payment of any amounts owing in connection with the Property for council rates, water rates, water usage and any other utility or statutory imposts including but not limited to Capital Gains Tax, Land Tax and Goods & Services Tax (GST);

(c) then the remuneration and any other expenses of the Trustees pursuant to Order 14(c) above;

(d) the amounts owing to any person having a secured interest, if any;

(e) any necessary and reasonable expenses, costs, outstanding incurred, for the B Business (to elaborate), e.g. public liability insurance, cleaning costs, etc; and

(f) then the balance of the proceeds of sale be paid into Harmony Legal & Associates' Trust account, to be held on trust for both the Applicant and Respondent jointly pending agreement or further/final order.

1. Pursuant to ss 80(1)(e) and 80(1)(k) of the Family Law Act 1975 (Cth), Mr C of D Administration ("the Receiver") be appointed without security to be the Receiver of the Mr Melle Family Trust (former ABN ...) ("Trust") to conduct the sale of the B Business in accordance with Order 13 to 15 above.
2. The Receiver begiven the following powers:

(a) to enter into possession and take control of B Business as the Trustee in accordance with Order 12(b) above;

(b) to sell or otherwise dispose of B Business;

(c) to insure, if required, the B Business;

(d) to repair, renew or enlarge B Business;

(e) to execute any document, bring or defend any proceedings or do any other act or thing in the name of and on behalf of the Trust;

(f) to draw, accept, make and endorse a Bill of Exchange or Promissory Note;

(g) to appoint an agent to do any business that the Receiver is unable to do, or that it is unreasonable to expect the Receiver to do, in person;

(h) where a debt or liability is owed to the Trust, to prove the debt or liability in a bankruptcy, insolvency or winding up and, in connection therewith, to receive dividends and to assent to a proposal for a composition or a scheme of arrangements;

(i) where a debt or liability is owed to the Trust to bind the Trust to a compromise with the debtor in relation to the debt or liability on such terms as the Receiver may see fit;

(j) where a debt or liability is by the Trust, to prove the debt or liability in a bankruptcy, insolvency or winding up and, in connection therewith, to receive dividends and to assent to a proposal for a composition or a scheme of arrangements;

(k) where a debt or liability is owed by the Trust to bind the Trust to a compromise with the creditor in relation to the debt or liability on such terms as the Receiver may see fit.

(a) authorised to charge remuneration for work done at reasonable rates, being the rates set out in Schedule 1 to disclosure statements/service agreement plus GST;

(b) indemnified from the proceeds of the sale of the B Business in respect of any expenses properly incurred by the Receiver; and

(c) permitted to deduct from and/or retain amounts from the proceeds of the sale of the B Business to pay their remuneration and expenses.

1. The Applicant have liberty to apply for any further directions in respect of the Suburb M property on the giving of two (2) days' notice in writing to the Respondent.

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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

These reasons were delivered Ex Tempore on 20 November 2025 and have been settled and corrected for grammatical errors and in order to convey the precise intention of the Court.

1. The matter before the Court is a property case. It is on for trial early next year. There are two particular items of property that are relevant, one in City F, being the B Business, and one at Suburb M. This matter came into Court last year and there was a dispute between the parties as to what should happen - in particular with the sale of the Suburb M property. That property was supposed to be sold, but it has not been sold, and it seems to me the evidence that I have been referred to today supports the conclusion that the reserve price that was put at the insistence of the husband on that occasion is way in excess of what is achievable.
2. I am persuaded by the material that supports this Application in a Proceeding that the order should be made appointing a trustee for the sale of the Suburb M property. In addition, I am in favour of an order for the trustee to be appointed for the sale of the B Business. It is apparent from photographs annexed to the affidavits filed and from the affidavits supporting this Application in a Proceeding that the husband has let the B Business fall into disrepair and disuse, and not only that, the local council in that area has issued certain notices about it.
3. The Husband has failed to appear today. I am satisfied he had sufficient notice of this hearing. The matter was set down by order of the Court and the order was published on the Commonwealth Courts Portal.
4. It will be of great assistance to the Court if the properties are sold and the property pool can be crystallised before the final hearing, which is scheduled to take place commencing 9 February 2026.
5. In those circumstances, I am going to make the orders in the Annexure A to the Application in a Proceeding filed on 30 September 2025.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Howard.