Chai and Carvill

In *Chai and Carvill*, Loughnan J of the Federal Circuit Court of Australia considered applications by a husband and wife concerning the sale of their former matrimonial home. The dispute arose from the parties' inability to agree on the terms and conduct of the sale, which was a component of earlier property settlement orders made on 8 August 2019.

The court was required to determine how the sale of the property should proceed, including who would have carriage of the sale, the minimum sale price, and the consequences of a failure to exchange contracts within a specified timeframe. The court also had to consider the appointment of a trustee for sale and the authority to sign necessary documents if the sale did not proceed as initially directed.

Loughnan J reasoned that the husband should continue to have carriage of the sale, subject to certain conditions regarding the sale price. The court stipulated that if the husband proposed to sell the property for less than $745,000, the agreement of both parties would be required. If contracts were not exchanged within two months, the wife would be appointed trustee for sale with broad authority to sell the property for the best reasonably obtainable price. This appointment was made pursuant to section 106A of the *Family Law Act 1975* (Cth), empowering her to sign documents in the husband's name. The court also ordered that the party conducting the sale must notify the other party of all relevant communications and offers at least 24 hours before accepting an offer.

The court made orders reflecting these determinations, with leave granted to the parties to apply regarding the wording of the orders.