Gordon and Gordon (No.2)

In the matter of *Gordon and Gordon (No.2)*, His Honour Judge Wilson considered an application to vary previous orders concerning the sale of a property and the distribution of proceeds. The dispute involved the applicant and the respondent, who were parties to prior proceedings that had resulted in orders regarding property division and financial settlements.

The court was required to determine how to vary existing orders to facilitate the sale of a specific property, Property A, in Victoria. This included establishing the process for listing, pricing, and accepting offers for the property. Furthermore, the court needed to determine the priority and distribution of the sale proceeds, including the payment of expenses, legal costs, and specific sums to each party, as well as the transfer of stock, plant, and equipment from the applicant to the respondent.

His Honour Judge Wilson varied the previous orders to mandate the sale of Property A. The parties were directed to cooperate in listing the property with a nominated agent, with provisions for agreeing on a list price or accepting the agent's nomination if agreement was not reached. The sale price was to be agreed upon, or any offer at least 90% of the list price was to be accepted. The court also detailed the cooperative steps required for inspections and the appointment of a conveyancer. The proceeds of sale were to be applied in a specific order of priority: firstly, to cover sale expenses and commission; secondly, to legal costs; thirdly, to the applicant for anticipated tax obligations on the transfer of farming stock and plant; fourthly, to the respondent for any amount paid to the wife under a prior order; fifthly, one half of the remainder to the applicant; sixthly, $34,000 to the applicant in respect of property retained by the respondent; and finally, any balance to the respondent, with a provision for the applicant to recover any shortfall. Additionally, the applicant was ordered to transfer her interest in specified stock, plant, and equipment to the respondent at his expense, with the respondent indemnifying the applicant against any associated costs or taxes. The respondent was also ordered to pay the applicant a specific sum, comprising interest on the value of retained stock and plant, a sum pursuant to a prior order, and the applicant's indemnity costs of the proceeding. All other extant applications were dismissed.