Clyne and Clyne

In the matter of *Clyne and Clyne*, Judge Harland of the Federal Circuit Court of Australia made orders concerning the sale of a property and the conduct of the parties in relation to that sale. The dispute involved a husband and wife, with the wife seeking to sell a property and the husband being restrained from involvement in the sale process.

The court was required to determine the terms under which the wife could sell the property, the extent of the husband's exclusion from the sale process, and the immediate occupation and vacation of the property. Further issues included the husband's obligation to withdraw any caveats lodged against the property and the application of the sale proceeds. The court also addressed the filing of evidence and the preparation of case outlines for the final hearing.

Judge Harland ordered that the wife be permitted to sell the property on terms determined by her, with the sole conduct of the sale. The husband was restrained from any involvement in the sale process and was ordered to vacate the property, with the wife to have sole use and occupation until further order. The husband was also directed to take all necessary steps to withdraw any caveats lodged by him or on his behalf. The proceeds of sale were to be applied first to sale costs and commissions, then to discharge a mortgage and an equitable charge, with the balance to be held on trust by the wife's solicitors pending further order. The court also made directions regarding the filing of affidavits, the provision of case outlines, and the conduct of the final hearing.