Cheiban and Cheiban

In the matter of *Cheiban and Cheiban*, Collier J of the Family Court of Australia considered an application concerning the sale of a property at V Street. The proceedings involved the husband and wife, with an intervening party, E Pty Limited, and an undertaking from Mr S, who was not a party to the proceedings. The core dispute revolved around the practical steps required to achieve the sale of the property and the distribution of the proceeds.

The court was required to determine the process for the sale of the V Street property, including the roles of the parties and Mr S, the appointment of an agent, the method of sale, and the price at which offers would be accepted. Furthermore, the court needed to establish how the proceeds of the sale would be distributed after payment of sale costs and secured debts, and to address the transfer of related Family Court proceedings to the Supreme Court of New South Wales.

Collier J ordered that leave be granted for E Pty Limited to intervene. Noting an undertaking from Mr S to be involved in all steps to achieve the sale, the court ordered the husband, either personally or through T Holdings Pty Limited, to cooperate with Mr S in all acts and documents necessary to complete the sale by private treaty. The parties were directed to cooperate with the appointed agent, P Realty, for listing, advertising, and inspections. The sale price was to be agreed between the registered proprietors and the wife, failing which the property was to be listed at 105% of an appraisal from the nominated agent. Offers at 95% of the nominated appraisal or above were to be accepted by the husband, wife, and Mr S. Upon completion, proceeds were to be applied to sale costs, then to discharge the National Australia Bank loan, with any surplus to be divided, one half to Mr S, and the other half held in trust by the solicitors for the parties. Family Court proceedings were ordered to be transferred to the Supreme Court of New South Wales.