Castledown and Castledown

In the matter of *Castledown and Castledown*, O'Ryan J of the Family Court of Australia made orders concerning the division of property between the Husband and Wife pursuant to section 79 of the *Family Law Act 1975* (Cth). The dispute centred on the distribution of assets, particularly the former matrimonial home, and the financial obligations of each party pending its sale.

The court was required to determine the specific financial entitlements of each party from the sale of the former matrimonial home, the terms and conditions governing that sale, and the interim financial responsibilities of the Husband regarding the property and the Wife's costs. The orders also addressed the ownership of other property held by each party.

O'Ryan J ordered the Husband to pay a sum of $257,483 directly to the Wife by a specified date. In default of this payment, the Husband was directed to take all necessary steps to sell the former matrimonial home by public auction. The court detailed specific conditions for the sale, including the appointment of a real estate agent, the conduct of the sale by the Husband's solicitors, the Husband's vacation of the property prior to completion, and requirements for property inspection and maintenance. The proceeds of sale were to be applied first to sale expenses and legal costs, then to reimbursement for agreed expenses incurred in preparing the home for sale, followed by a payment to the Wife of 46.82 per cent of the remaining proceeds, and finally to discharge the mortgage and any other encumbrances before the balance was paid to the Husband. The Husband was granted exclusive occupation of the home pending sale and was ordered to meet all mortgage payments and outgoings, and to indemnify the Wife in respect of these payments. The Husband was also restrained from encumbering his interest in the home without the Wife's consent. Finally, the Husband was ordered to pay $2,000 to the Wife for costs pursuant to section 117 of the *Family Law Act*.