Dietrich and Dietrich

Collier J considered the division of property and the sale of the former matrimonial home between the parties, Mr and Mrs Dietrich. The dispute concerned the terms of the sale of the property and the distribution of its proceeds, as well as the allocation of various chattels and personal effects.

The court was required to determine the method by which the former matrimonial home should be sold, including the timeframe for a private treaty sale and the conditions for a subsequent auction if a private sale was not completed. Further, the court had to establish the precise distribution of the sale proceeds after the payment of expenses, and to delineate which specific items of furniture and personal effects each party was entitled to retain. The court also needed to address the sale of any remaining contents of the home and the entitlement of each party to items already in their possession.

Collier J ordered that the former matrimonial home be sold by private treaty, with a timeframe of nine months for exchange of contracts. If this did not occur, the property was to be sold by public auction. The court specified mechanisms for agreeing on a sale price or auctioneer and reserve price, involving the president of the New South Wales Chapter of the Australian Institution of Valuers or his nominee. Upon sale, proceeds were to be disbursed first for sale expenses, then 66.8% to the wife and the balance to the husband. Specific lists of furniture and personal items were allocated to each party, with remaining contents to be sold and proceeds divided equally. The wife was granted exclusive occupancy of the home until vacant possession was required for the sale.