Cull & Lenz (No. 2)

In *Cull & Lenz (No. 2)*, Rees J of the Family Court of Australia considered an application by the husband to set aside a contract for the sale of a property entered into by the wife. The wife had previously been subject to court orders preventing her from selling the property, and the husband sought the property as part of the final property settlement. The purchaser was a bona fide purchaser for value.

The primary legal issue before the court was whether the contract for sale should be set aside, given the prior orders of the court and the husband's claim to the property. The court also had to determine the appropriate orders regarding the withdrawal of caveats, the joinder of third parties as respondents, and the distribution of the sale proceeds.

Rees J dismissed the husband's application to set aside the contract, finding that the purchaser was a bona fide purchaser for value without notice. The court ordered the withdrawal of all caveats lodged on the property title, including those of the husband, ZZ Lawyers, and HH Pty Ltd, and joined ZZ Lawyers and HH Pty Ltd as respondents to the proceedings. The proceeds of sale were to be applied first to discharge the mortgage and agent's commission, then to pay a sum to JJ Pty Ltd, with the balance to be placed in a controlled monies account pending further order. The wife was ordered to pay the costs of the fourth respondent and the husband on an indemnity basis, to be satisfied from any property settlement sum she might receive.