Belding and Belding (No 2)

Case

[2020] FamCA 1098

22 December 2020


Details
AGLC Case Decision Date
Belding and Belding (No 2) [2020] FamCA 1098 [2020] FamCA 1098 22 December 2020

CaseChat Overview and Summary

In *Belding and Belding (No 2)*, Wilson J of the Family Court of Australia considered a dispute between the parties concerning the timing for the sale of a property. The primary issue before the court was the method and timeframe for the sale of the D Town property.

The court was required to determine the appropriate mechanism and deadline for the sale of the D Town property, specifically whether it should be sold by private treaty or public auction, and by what date. Additionally, the court considered applications relating to the mortgage debt and the removal of caveats.

Wilson J ordered that the D Town property must be sold by private treaty by 26 February 2021. If a contract for sale was not entered into by that date, the property was to be sold by public auction by 31 March 2021, with the reserve price to be fixed by the auctioneer. The court declined to make orders regarding the meeting of the mortgage debt and the removal of any particular caveat.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Jurisdiction

  • Costs

Actions
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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Belding & Belding [2020] FamCA 1027