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Court’s interim appointment of receiver to sell parties’ business set aside

In Scott [2019] FamCAFC 9 (24 January 2019) the wife worked as practice manager in a professional practice in which the husband worked as a professional until 2016, a year after separation, when he set up his own practice. A month earlier the Court appointed an independent interim manager to run the practice and directed the parties to remain involved in the business, subject to the manager’s discretion. In 2018 when the wife sought an order that the manager no longer be required to involve the husband in decisions, the husband sought the discharge of the manager and the appointment of a receiver. Cleary J removed the manager and appointed a receiver on the basis that the business was dysfunctional and each party would have the chance to buy the business from the receiver. The Full Court (Ainslie-Wallace, Ryan and Watts JJ) said (from [22]):

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