ATIKA & ATIKA

In the matter of ATIKA & ATIKA, the parties were the applicant, ATIKA, and the respondent, ATIKA. The dispute concerned an application for an order for the sale of property. The matter came before Macmillan J of the Supreme Court of Western Australia.

The primary legal issue before the Court was whether an order for the sale of property should be made pursuant to section 16 of the *Family Law Act 1975* (Cth) in circumstances where the parties were unable to agree on the disposition of their jointly owned property.

Macmillan J considered the principles governing the exercise of discretion under section 16 of the *Family Law Act 1975* (Cth). The Court noted that an order for sale is a significant step and requires careful consideration of all relevant circumstances, including the parties' financial positions, the needs of any children, and the desirability of achieving a final resolution of property matters. The Court applied the established legal principles that an order for sale should only be made where it is just and equitable to do so, and where other less intrusive orders are not appropriate or sufficient.

The Court made orders for the sale of the property and for the division of the proceeds.