Gallato and Cellini and Anor (No 2)

In *Gallato and Cellini and Anor (No 2)*, heard before Cronin J, the dispute concerned the disposition of a property located at G Street, Suburb H. The applicant, identified as the mother, sought certain orders, while the second respondent, B Pty Ltd, also sought orders relating to the property. The court was required to determine the validity of certain claims made by the applicant and to make orders regarding the sale and possession of the property.

The legal issues before the court included whether paragraphs 12(a) and 13 of the applicant’s amended application should be dismissed, and what orders should be made concerning the caveat registered by the applicant over the property title. Furthermore, the court had to consider the sale of the property, the application of sale proceeds, and the requirement for the applicant to vacate the premises. The court also had to address the potential need for a registrar to execute documents if the applicant failed to do so.

Cronin J reasoned that the applicant's claims in paragraphs 12(a) and 13 of her amended application were not sustainable and therefore dismissed them. The court ordered the applicant to remove the caveat registered over the property at her own expense. The second respondent, B Pty Ltd, was granted liberty to market and sell the property by public auction as soon as possible. The proceeds of sale were to be applied first to discharge the mortgage to the National Australia Bank, followed by agents' commission, advertising expenses, and legal costs associated with the sale. The applicant was ordered to vacate the property and provide vacant possession to B Pty Ltd. In the event of the applicant's refusal or neglect to execute necessary sale documents, a registrar was appointed under s 106A of the *Family Law Act 1975* (Cth) to execute them on her behalf, upon verification of her failure by affidavit. The costs of all parties were reserved, and outstanding applications for final orders were adjourned for a future final hearing.