BOSTON & BOSTON

In the matter of *Boston & Boston*, Dawe J of the Federal Circuit Court of Australia considered an application by the husband concerning property division and related matters. The dispute involved the valuation and sale of certain assets, including real property and shares in a unit trust, as part of the overall financial settlement between the parties.

The court was required to determine several issues, including the dismissal of specific paragraphs of the husband's application, the filing of updated affidavits of documents by both parties, and the procedure for valuing and selling real property. Additionally, the court had to determine the process for selling shares held in a unit trust, including the minimum sale price and the distribution of sale proceeds. The question of costs was also reserved for a later determination.

Dawe J ordered the dismissal of paragraphs 2 and 9 of the husband's application. The court directed both parties to file and serve updated Affidavits of Documents within fourteen days. The husband was permitted to instruct a licensed valuer to assess the real property at I Street, Suburb K, South Australia, at his own expense, with the wife ordered to facilitate the valuer's inspection within thirty days. The wife, acting as trustee for R Pty Ltd, was ordered to sell the shares in J Street Unit Trust at the best available price, with a minimum threshold of $650,000 unless the husband provided written consent to a lower price. The proceeds were to be applied first to sale costs, then to discharge a specific ANZ mortgage, followed by payments of $75,000 each to the wife and the husband's solicitors for the husband's past legal debts, with the balance to be held in trust pending further order.