Essex and Essex

This matter concerned the division of property and financial resources between the Husband and Wife, heard by Judge Altobelli. The primary dispute revolved around the sale of a property, the distribution of its proceeds, and the allocation of responsibility for a potential commission liability arising from a previous failed sale. The court also addressed the division of superannuation interests and the allocation of other assets and debts.

The court was required to determine the terms of the sale of the property, including the appointment of a real estate agent and the listing price. It also needed to establish the priority of payments from the sale proceeds, specifically how the mortgage, sale expenses, legal costs, outstanding charges, and the net proceeds would be distributed between the Husband and Wife. Further issues included the division of a superannuation interest held by the Wife, the allocation of specific assets and debts to each party, and the apportionment of responsibility for a potential commission liability and associated legal costs.

Judge Altobelli ordered the sale of the property, with instructions for the appointment of a conveyancer and a real estate agent. The proceeds were to be applied first to the mortgage, then sale expenses and legal costs, followed by outstanding charges. The remaining net proceeds were to be divided, with the Husband receiving 52.5% less a specified sum, and the Wife receiving the balance. The court also ordered a specific amount to be paid from the Wife's superannuation interest to the Husband, with corresponding adjustments to future payments. The Husband was made wholly responsible for a potential commission liability and any associated legal costs and interest, with provisions for funds to be retained by solicitors to cover these liabilities. Each party was to retain ownership of their respective vehicles and other specified assets, and be responsible for their own debts, with the Husband also solely responsible for the costs of evicting tenants. The Registrar of the Court was appointed to execute any necessary documents if a party failed to do so.