Clovelly and Clovelly (No 4)

In the matter of *Clovelly and Clovelly (No 4)*, the applicant wife sought orders concerning the sale of the former matrimonial home. The dispute centred on the practical arrangements for the sale of the property, including the appointment of a trustee, communication protocols, and the involvement of real estate agents and conveyancing solicitors. The decision was made by Faulks DCJ in the Australian Capital Territory.

The court was required to determine a series of practical issues arising from the parties' agreement, or failure to agree, regarding the sale of the property. These included the appointment of the wife as trustee for the sale, the method of communication between the parties, the handover of property keys, the authority of the real estate agent to market and sell the property, the process for obtaining necessary documentation such as the tenancy agreement, and the appointment of a conveyancing solicitor if the parties could not agree. The court also had to consider the terms of the *Residential Tenancies Act 1997* in relation to the sale and marketing of the property.

Faulks DCJ made detailed orders to facilitate the sale of the former matrimonial home. The wife was appointed trustee for the sale, and specific provisions were made for communication between the parties, including the use of email. The husband was ordered to deliver all keys to the property to the real estate agent, with a warrant to be issued for their seizure if he failed to comply. The real estate agent was granted broad authority to market and sell the property, including taking photographs and erecting signs, subject to the *Residential Tenancies Act 1997*. The Registrar was authorised to sign documents on behalf of the husband if he failed to do so, and provisions were made for the appointment of a conveyancing solicitor and a building inspector if the parties could not agree. The husband was also ordered to provide a copy of the current tenancy agreement to the agent. The husband was ordered to pay a contribution towards the wife's costs.