Batsman and Batsman

This matter concerned orders made by Young J in proceedings between the Husband and the Wife. The dispute involved various orders relating to the lodging of taxation returns, the obtaining of a Certificate of Occupancy for the former matrimonial home, the sale of that property, and the distribution of sale proceeds. The court also made orders restraining the parties from further encumbering the former matrimonial home.

The court was required to determine the specific steps the parties must take to comply with their obligations regarding taxation returns and the sale of the former matrimonial home. This included identifying the entities for whom returns were to be lodged, the method of sale for the property, and the priority of distribution of the sale proceeds. The court also considered the need for counsel to attend the proceedings.

The court's reasoning is reflected in the detailed orders it made. These orders mandated the lodging of taxation returns for the Husband, Wife, M Pty Ltd, and the Batsman Family Trust. The former matrimonial home was to be placed on the market for sale by public auction through a specified agent, with an unconditional cash contract and a reserve price agreed between the parties and the agent. The proceeds were to be applied first to sale costs, then to discharge encumbrances, followed by a priority payment of $10,600 to the Wife for costs, with the balance to be held pending further order. The court also restrained both parties from further encumbering the property.

The court ordered that the matter be adjourned for a mention on case management issues. It further ordered the parties to take specific steps regarding taxation returns and the sale of the former matrimonial home, including the obtaining of a Certificate of Occupancy and the application of sale proceeds. The court also certified that the matter reasonably required the attendance of counsel for each party.