Daniels and Green (No 2)

In *Daniels and Green (No 2)*, Berman J of the Supreme Court of South Australia was required to determine the appropriate interim orders concerning a jointly owned property located at D Street, Suburb C, South Australia, amidst a dispute between the parties. The proceedings involved an application by the wife to relist certain matters for hearing.

The central legal issues before the Court were how to manage and ultimately deal with the D Street property pending further resolution of the parties' dispute. This included determining the terms of its sale, the distribution of sale proceeds, and the removal of encumbrances and charges affecting the property.

Berman J ordered that the parties must take all necessary steps to place the D Street property on the market for sale, either by public auction or private treaty, on terms to be agreed between them or as ordered by the Court. Following the sale, the proceeds, after payment of the mortgage to Bank SA and sale costs, were to be deposited into a joint interest-bearing account, requiring joint signatures for withdrawals. The parties were also directed to use their best endeavours to have Bank SA remove any cross-collateral security or guarantees over the property, and the husband was to take steps to remove any warrant for sale or charge placed on the property by Mr E. Liberty was granted to the wife to relist paragraph 8(c) of her application, and all other interim proceedings were dismissed.