Blackshaw and Blackshaw

In *Blackshaw and Blackshaw*, heard before Judge Coker, the dispute concerned the division of property and the implementation of orders following family law proceedings between a husband and wife. The court was tasked with making specific directions regarding the sale of real estate, personal property, and the distribution of proceeds, as well as addressing superannuation entitlements and other financial matters.

The court was required to determine the appointment of a trustee for the sale of specified real properties and other assets, including a vessel and motor bike. It also needed to establish the process for listing, selling, and potentially auctioning these properties, including setting minimum sale prices and outlining the husband's obligations to cooperate. Furthermore, the court had to specify the priority of payments from the sale proceeds, including the discharge of mortgages, rates, and any costs associated with the sale, before distributing the remainder. The court also addressed the husband's obligation to provide vacant possession of a property and issued an injunction restraining him from interfering with the sale process.

The court reasoned that a clear and structured approach was necessary to effect the sale of the parties' assets and to ensure a fair distribution of the proceeds. It appointed the Wife as trustee for the sale of the real properties and other specified assets, detailing the method of sale, including private treaty and public auction if necessary. The court stipulated minimum listing prices for the real estate and required the Husband's full cooperation in making the properties available for sale and signing all necessary documentation. The proceeds of sale were to be applied first to sale costs, then to discharge mortgages and outstanding rates, followed by repayment of any work costs, with any remaining funds from each property to be paid to the Wife. The court also made orders regarding the sale of a vessel and trailer, and the retention of superannuation and other assets by each party, including a specific order for the division of splittable payments from the Husband's Defence Force Retirement and Death Benefits Scheme. Finally, the court provided for the Registrar to execute documents in default of either party's compliance.