Crest and Oates

In *Crest and Oates*, heard by Moore J, the dispute concerned the division of property and the provision of spousal maintenance between a husband and wife. The orders made by the court addressed the sale of a property at H, Queensland, the distribution of its net proceeds, and the wife's obligation to pay spousal maintenance to the husband. The court also made orders regarding specific items of property, including a painting and household furniture, and provided for the execution of necessary documents by a Registrar if a party refused to comply.

The court was required to determine how the net proceeds of the sale of the H property should be distributed, specifically to whom they should be paid and what deductions were permissible. Further issues included the husband's entitlement to direct the manner and timing of the sale, the wife's ongoing obligation to pay spousal maintenance until the husband received the sale proceeds, and the division of household furniture. The court also considered the appointment of a Registrar to execute documents and the entitlement to specific items of personal property.

Moore J ordered that the husband was to receive the whole of the net proceeds of sale of the H property after the deduction of specified expenses, including agent commissions, legal costs, and an ANZ Bank loan. The wife was directed to facilitate the sale and sign all necessary documents, with the husband having the right to direct the sale's manner and timing. The wife was also ordered to continue paying spousal maintenance of $984 per week until the husband received the full proceeds from the sale of the B1 property. The court further ordered that the husband was entitled to sole possession of a specific Aboriginal painting, and the remaining furniture was to be divided by agreement, with a process outlined for division should agreement not be reached.