Belding and Belding (No 2)

[2020] FamCA 1098

FAMILY COURT OF AUSTRALIA

BELDING & BELDING (NO 2) [2020] FamCA 1098

FAMILY LAW – NATIONAL ARBITRATION LIST – dispute regarding timing for the sale of property – property to be sold forthwith by private treaty.

Belding & Belding [2020] FamCA 1027

APPLICANT: Ms Belding

RESPONDENT: Mr Belding

FILE NUMBER: BRC 2195 of 2020

DATE DELIVERED: 22 December 2020

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Wilson J

HEARING DATE: On the papers

DATE OF LAST SUBMISSIONS: 18 December 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Not applicable

SOLICITOR FOR THE APPLICANT: Natalie Mcdonald Law

COUNSEL FOR THE RESPONDENT: Mr Taylor

SOLICITOR FOR THE RESPONDENT: TLG Law

Orders

1. The D Town property must be sold by private treaty by 26 February 2021.

2. If no contract for sale is entered into by 26 February 2021 then the D Town property must be sold by public auction, the auction to be conducted by 31 March 2021.

3. The reserve price for the sale of the D Town property by public auction is to be fixed by the auctioneer.

4. I decline to make an order in relation to meeting the mortgage debt.

5. I decline to make orders for the removal of any particular caveat.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Belding & Belding has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: BRC 2195 of 2020

Ms Belding

Applicant

And

Mr Belding

Respondent

REASONS FOR JUDGMENT

1. Three issues arose from my earlier decision[1] handed down on 4 December 2020.  After the parties provided submissions on those issues, a determination on them may now be made.

   [1]Belding & Belding [2020] FamCA 1027.

Public or private sale

1. The husband sought orders for the sale of the D Town property by private treaty.  So did the wife.  I make that order based on their joint position.

2. The real issue then became one of timing.  The wife wanted the home listed for sale prior to 30 March 2021.  Having regard to the fact that the arbitral award was published in late September this year, in my view the home must be listed forthwith for private sale.  If the parties choose to sell by public auction, naturally they are at liberty to do so.

3. If the home is not sold by private treaty by 26 February 2021 or by such other date as may be agreed, then I order the property to be placed for sale by auction to be conducted by not later than 31 March…