Atwood and Atwood

In the matter of Atwood and Atwood, Loughnan J made orders concerning the former matrimonial home and the future conduct of substantive proceedings. The dispute involved the sale of the former matrimonial home and related financial matters, as well as ongoing proceedings concerning children.

The court was required to determine the terms of the sale of the former matrimonial home, including the timeline for vacating the property, the appointment of agents and solicitors, the process for listing and selling the property, and the disbursement of sale proceeds. Additionally, the court addressed the need for further reports and the progression of the substantive proceedings concerning the children.

Loughnan J ordered the mother to vacate the former matrimonial home within seven days and deliver all keys to the appointed agents. The parties were directed to cooperate in listing the property for sale by public auction, with specific provisions for agreeing on a reserve price and handling situations where the reserve price was not met. The court outlined a detailed process for the disbursement of sale proceeds, including payment of agent commissions, mortgage discharge, legal fees, and the balance to be held in a trust account pending further order. The court also ordered the preparation of a Family Report to address matters under section 60CC of the relevant Act, noting previous reports and the importance of the child speaking with the report writer. The mother's application filed on 17 January 2017 was dismissed.