Baressi and Baressi

This matter concerned orders made by Judge Brown in relation to property settlement between a Husband and Wife. The primary dispute revolved around the division of assets and liabilities, particularly the jointly owned Property D, and the allocation of personal debts. The court was tasked with determining how the jointly owned property should be dealt with, the responsibilities of each party pending its sale, and the distribution of the sale proceeds.

The court was required to determine the specific terms of the sale of Property D, including the method of sale, the appointment of a real estate agent, and the setting of the sale price. Further, the court had to establish the financial responsibilities of each party concerning the property's mortgage, outgoings, and maintenance until settlement. The court also needed to address the division of personal debts and the allocation of chattels and personal property between the Husband and Wife.

In relation to Property D, the court ordered its sale by private treaty, with the Wife to appoint the real estate agent and determine the sale price in consultation with the agent. The Husband was ordered to sign the sales agency agreement, with provision for a Registrar or Deputy Registrar to execute it on his behalf if he failed to do so. Pending sale, the Husband was to be responsible for mortgage payments, outgoings, and maintenance of the property, and both parties were to cooperate with the agent. The proceeds of sale were to be applied first to sale costs, then to discharge the mortgage and outstanding rates, with the balance to reimburse the Wife for any non-compliance by the Husband with his obligations, then 65% to the Wife, and the remainder to the Husband. The court also made orders regarding the allocation of personal debts and the retention of chattels and bank accounts by each party.