Dhar and Hondros

This matter came before Johnston J concerning the division of property between the parties, Dhar and Hondros. The central dispute revolved around the sale and distribution of proceeds from a property located at B Street, Suburb A, and the allocation of other assets and liabilities.

The court was required to determine the specific terms and procedures for the sale of the Suburb A property, including its listing price, the selection of a real estate agent, and the process for setting a reserve price for auction. Further issues included the steps to be taken if the property was not sold at auction or in the immediate period thereafter, and the method for disbursing the sale proceeds. The court also needed to address the ongoing financial responsibilities for the property pending its sale, and the indemnification of one party by the other concerning a significant sum gifted towards the property's purchase. Finally, the court had to declare the parties as sole owners of all other property and superannuation not specifically dealt with in the orders.

Johnston J ordered that the Suburb A property be listed for sale within 30 days, with specific provisions for agreement between the parties on the listing price and agent, or recourse to a nominated valuer and the President of the Real Estate Institute of New South Wales respectively. The court detailed a process for auction and subsequent private treaty sales, including provisions for further auctions if the property remained unsold. The sale proceeds were to be applied first to sale costs and a mortgage, with the balance to be divided 76.463 per cent to the wife and 23.537 per cent to the husband. Pending sale, the wife was ordered to meet all loan repayments, rates, insurance, and outgoings for the property and to indemnify the husband in relation thereto. The wife was also ordered to indemnify the husband against claims relating to $200,000 provided by her parents for the property purchase. All other property and superannuation were declared to be the sole property of each party. The court also made provisions for the registrars to sign documents if a party refused to do so and allowed for re-listing of proceedings for implementation or further submissions on the form of the orders, with the orders commencing operation on 5 August 2016.