Busoni and Busoni and Anor

The parties to this proceeding were a husband and wife, referred to as the husband and the wife. The dispute concerned the matrimonial home located at B Street, Suburb C, and its contents. The matter came before Foster J.

The court was required to determine the terms of occupation of the matrimonial home and the disposition of its contents, as well as the process for the sale of the property and the distribution of the proceeds. Specifically, the court had to decide whether the husband should vacate the property, whether he should be restrained from removing furnishings, and how the sale of the property should be conducted, including the appointment of agents and solicitors, and the division of the sale proceeds.

Foster J ordered that the husband vacate the property within 14 days and thereafter have no further access to it, with the wife to have sole use and occupation. The husband was restrained from removing any furnishings or contents from the home, save for his clothing and personal effects, without the wife's written consent. The wife was appointed trustee for sale of the property, with authority to appoint the selling agent and solicitor, and to sign necessary documents on behalf of the husband. The proceeds of sale were to be applied first to sale expenses and legal fees, then to adjustments, followed by payments of $200,000 to the husband (from which any outstanding costs and interest owed by him to the wife would be deducted) and $200,000 to the wife. Any remaining balance was to be paid into a controlled monies account held by the wife's solicitor on trust for the parties.