BALSOM & HAGERMAN

This matter concerned an application by the applicant and respondent regarding the sale of a property located in Suburb C. The court was tasked with determining the terms and conditions under which the property should be sold, including the appointment of an agent, the sale price, the division of costs, and the disbursement of sale proceeds. The orders also addressed the preparation of the property for sale, the applicant's obligations regarding its maintenance and the removal of personal effects, and the process for dealing with any offers received.

The court was required to establish a clear framework for the sale of the Suburb C property, addressing potential disagreements between the parties. Key issues included the mechanism for agreeing on a sale price, the timeline for listing and selling the property, and the allocation of expenses such as advertising and agent commissions. Furthermore, the court needed to determine the priority of payments from the sale proceeds, including the discharge of secured debts and loans, and the holding of any remaining balance. The court also considered provisions for the sale of the property by auction if it did not sell within a specified period by private treaty, and the valuation of certain vehicles.

In its reasoning, the court made orders that provided a comprehensive plan for the sale of the property. It mandated the appointment of a specific real estate agent and set a timeframe for listing the property. The court stipulated that the sale price would be agreed upon by the parties, or failing agreement, nominated by the agent. Advertising and associated costs were to be shared equally. Upon sale, proceeds were to be applied first to sale expenses, then to any debts or outgoings on the property, followed by the payout of specific loans secured against the property. Any remaining balance was to be held in trust pending further agreement or court order. The court also included provisions for the sale by auction if the property remained unsold after three months, with specific terms regarding reserve prices and subsequent auctions. The applicant was ordered to prepare the property for sale and remove personal effects, while both parties were directed to cooperate with the agent. The court also addressed the valuation of certain vehicles and the disclosure of sales of items since separation.