Bourke and Bourke

This matter concerned applications filed by the husband and wife in the Family Court of Australia, heard by Young J. The dispute involved the sale of a property located at D and the subsequent distribution of sale proceeds, alongside ongoing financial disclosure obligations.

The court was required to determine the terms of the sale of the D property, including the appointment of agents and a solicitor for the conveyance, the setting of a reserve price, and the conditions of sale. Further issues included the application of the sale proceeds, the wife's sole use and occupation of the property pending sale, and the husband's obligation to provide full and complete disclosure of financial and commercial documents. The court also addressed the costs of the hearing.

Young J ordered that the further hearing of the applications be adjourned to the interim defended list. By consent, the husband and wife were ordered to sign all necessary documents to offer the D property for sale, with parties and their solicitors to confer on appointing an independent solicitor and real estate agents. The property was to be sold with vacant possession on an unconditional cash contract, with proceeds to be applied first to sale costs, then to discharge any mortgage, followed by rates and outgoings. The balance was to be divided by agreement or held pending further order. The wife was granted sole use and occupation of the D property and was to be responsible for its preparation for sale. The husband was ordered to pay the wife's costs of the hearing in the sum of $1,000, payable upon settlement of the D property sale. The court also reiterated and clarified the parties' obligations regarding financial disclosure.