Alston & Alston

The parties to this matter were Ms Alston (the applicant wife) and Mr Alston (the respondent husband). The dispute concerned the division of matrimonial assets, specifically the sale of the parties' property at B Street, Suburb C, New South Wales, and the distribution of personal property. The orders were made by Morley J in the Federal Circuit and Family Court of Australia on 28 May 2021.

The court was required to determine how the matrimonial asset pool should be divided, including the sale of the former matrimonial home and the allocation of various items of personal property. The orders also addressed the process for agreeing on sale terms, including listing price, agent selection, and sale price, and provided mechanisms for resolving disagreements on these matters. Furthermore, the court needed to determine the ownership of specific items of personal property as between the parties.

Morley J applied section 79 of the *Family Law Act 1975* (Cth) to make orders for the division of property. The court ordered the sale of the property at B Street, with proceeds to be applied first to sale costs and then divided equally between the parties, ensuring each party had received an equal share of the matrimonial asset pool based on specified prior entitlements. The orders detailed a process for private sale and, if unsuccessful within three months, a public auction, with further provisions for subsequent sales by private treaty or auction until the property was sold. To facilitate agreement on sale terms, the court appointed the President of the Real Estate Institute of New South Wales or their nominee to resolve disputes regarding agents and listing/sale prices, and the President of the Australian Property Institute or their nominee to resolve disputes regarding listing and sale prices. The court also made specific orders regarding the ownership of numerous items of personal property, designating certain items as belonging solely to the wife and all other personal property and financial assets not specifically dealt with as belonging to the party in possession.

The court further ordered that if either party refused to comply with the orders regarding the execution of documents, the Registrars of the Court were authorised to execute such documents in the name of the non-compliant party. The orders also stipulated that the wife would be responsible for arranging and bearing the expense of collecting her designated personal property from the husband within 21 days of the order.