BALFE & MOODY

In the matter of BALFE & MOODY, Foster J considered an application for interim property orders following the father's default in relation to a previous consent order for the sale of real estate. The mother sought orders to enforce the sale and secure her prospective entitlement.

The central legal issues before the Court were whether it was appropriate to make interim property orders in the circumstances, and if so, what form those orders should take to address the mother's claim and the father's default. The Court also had to consider the principles applicable to interim property orders in family law proceedings.

Foster J reasoned that a conservative order for a capital payment to the mother was appropriate given her prospective entitlement. To give effect to this, the Court appointed a solicitor as Trustee for Sale of the specified properties. The Trustee was directed to sell the properties at the best reasonably obtainable price. The proceeds of sale were to be applied first to pay the mother $250,000, with the balance to be held in a controlled monies account pending further order. The characterisation of the sum payable to the mother was reserved for final determination.