Cameroon & Darcy (No 2)

This matter concerned an application by the applicant, Cameroon, for an order for the sale of property held in joint tenancy with the respondent, Darcy. The dispute arose from the breakdown of the parties' de facto relationship and Darcy's subsequent refusal to agree to the sale of the property, which was the former matrimonial home. The application was brought under section 23 of the *Family Law Act 1975* (Cth) and section 66G of the *Conveyancing Act 1919* (NSW).

The primary legal issue before the Court was whether it had the power to order the sale of the jointly owned property, given Darcy's opposition. Specifically, the Court had to determine if the circumstances warranted the exercise of its discretion to order sale under the relevant legislative provisions, considering the nature of the parties' interests in the property and the breakdown of their relationship.

Strickland J found that the Court possessed the necessary jurisdiction to order the sale of the property. His Honour reasoned that the legislative framework, particularly section 23 of the *Family Law Act* and section 66G of the *Conveyancing Act*, empowered the court to make such orders where it was just and equitable to do so. The breakdown of the de facto relationship and the inability of the parties to agree on the disposition of the property were considered sufficient grounds to justify the intervention of the court to facilitate a sale, thereby resolving the co-ownership dispute.

The Court ordered the sale of the property and directed that the net proceeds be divided equally between the parties. Directions were also given regarding the conduct of the sale, including the appointment of a real estate agent and the timeframe for listing the property.