ARCHER & ARCHER

In the matter of *Archer & Archer*, Young J of the Family Court of Australia considered an application concerning the former matrimonial home. The dispute involved the sale of the property located at S Street, Suburb C, Victoria, and the distribution of the proceeds.

The court was required to determine the terms of the sale of the former matrimonial home, including who would conduct the sale, the reserve price, and the conditions of sale. Further, the court needed to decide how the proceeds of the sale would be applied, including the discharge of a mortgage, the payment of legal costs, and the disposition of any remaining balance. The court also considered the wife's sole right of use and occupancy of the property pending the sale and the appointment of a Registrar to execute necessary documents.

Young J ordered that the former matrimonial home be sold out of court, with the wife having sole conduct of the sale, subject to a reserve price reflecting the current market value and the sale being on an unconditional contract. The proceeds were to be applied first to sale costs and commission, then to discharge the mortgage to the Commonwealth Bank of Australia, and thirdly to pay $10,000 towards the wife's past and future legal costs. The remaining balance was to be held in an interest-bearing account in the wife's name pending further order or agreement. The wife was granted sole use and occupancy of the property until the sale was completed. Pursuant to s 106A of the *Family Law Act 1975*, a Registrar was appointed to execute any necessary documents for the sale and investment of funds. The wife's application filed on 30 June 2011 was otherwise dismissed, and her extant initiating application filed on 5 May 2011 was referred to a Directions List. Liberty was reserved to the husband to apply within fourteen days if he wished to be heard on any aspect of the orders. The wife's solicitors were directed to serve a sealed copy of the order, the reasons for judgment, and detailed information about the sale process on the husband. The wife's costs of the hearing were fixed at $1,500, to be paid from the sum preserved for her from the sale.