DARLEY & DARLEY

In the matter of *Darley & Darley*, Forrest J of the Family Court of Australia made interim orders concerning the property settlement between the Applicant Husband and the Respondent Wife. The dispute centred on the sale of the former matrimonial home and the division of personal property.

The court was required to determine the terms and conditions for the sale of the former matrimonial home, including the listing price, reserve price, and the timeline for sale by private treaty or auction. Additionally, the court had to address the disposition of personal property, specifically the wife's restraint from removing items from the home and the husband's entitlement to remove contents from a shed, as well as the provision of original DVD recordings to the wife. The court also considered the parties' ongoing disclosure obligations.

Forrest J ordered that the former matrimonial home be sold, with specific instructions regarding its listing and sale by private treaty within four months, or by auction thereafter. The court detailed the process for setting the sale price and reserve price, and outlined procedures for subsequent auctions if the property remained unsold. Regarding personal property, the wife was restrained from removing items from the home, while the husband was permitted to remove the contents of a shed, with an independent valuer to document the items. The husband was also ordered to provide original DVD recordings to the wife. The court also reiterated the parties' duty of disclosure under the Family Law Rules 2004.

The orders provided for the application of sale proceeds, including costs, mortgage discharge, and investment pending finalisation of property adjustment proceedings. The court also appointed the Senior Registrar to execute documents on behalf of a party who refused or neglected to comply with the orders, pursuant to s 106A of the *Family Law Act 1975*.