Asher and Asher

In *Asher and Asher*, heard before Judge Altobelli, the Applicant Wife and Respondent Husband sought orders concerning the sale of their jointly owned property, the division of sale proceeds, and the allocation of various assets and superannuation interests. The dispute centred on how these matters should be resolved to finalise their financial separation.

The court was required to determine the specific terms and conditions under which the jointly owned property would be sold, including the method of sale (private treaty or auction), the appointment of agents, the setting of sale prices and reserves, and the process for accepting offers. Further issues included the distribution of the net proceeds from the property sale, the allocation of specific motor vehicles and other personal property to each party, and the division of the Respondent Husband's superannuation entitlements in accordance with the *Family Law Act 1975* and associated regulations. The court also needed to address the Respondent Husband's occupation of the property pending settlement and the potential need for the Registrar to execute documents if a party failed to comply with the orders.

The court ordered that the property be sold by private treaty within 21 days, with provisions for the appointment of a real estate agent and the setting of a list price if the parties could not agree. Offers at or above 80% of the list price were to be accepted. If the property was not sold within four months, it was to be sold by auction, with similar provisions for agent appointment and reserve price setting. The proceeds of sale were to be applied first to sale expenses, then legal costs, followed by specific amounts to the Wife ($293,675) and Husband ($261,325), with any remaining balance divided 52.5% to the Husband and the remainder to the Wife. The Respondent Husband was restrained from damaging the property and ordered to maintain it while in occupation. Specific vehicles and personal property were allocated to each party. Crucially, the court ordered the division of the Respondent Husband's superannuation fund, allocating a base amount of $171,596.60 to the Applicant Wife, with corresponding reductions to the Husband's entitlement, in accordance with sections 90MT of the *Family Law Act 1975*. The Registrar was appointed to execute documents if either party failed to do so.