Goudarzi and Bagheri (No 3)

This matter concerned orders made by Le Poer Trench J in the Federal Circuit and Family Court of Australia concerning property division and the vacating of the former matrimonial home. The dispute involved the wife, Ms Goudarzi, and the husband, Mr GG, regarding the property at 2 Q Street, Suburb R, New South Wales. The court was required to make orders for the wife to vacate the property, the issuance of a writ of possession to enforce this, and the appointment of a trustee for the sale of the property.

The court was asked to determine the terms and conditions under which the wife would vacate the former matrimonial home, the circumstances under which a writ of possession could be executed to give the trustee vacant possession, and the powers and responsibilities of the appointed trustee for the sale of the property. Further issues included the appointment of a real estate agent and solicitor to act for the vendor, the extent of expenses the trustee could incur for advertising and property presentation, and the mechanism for the parties to fund these expenses and the trustee's costs. The court also addressed the disbursement of sale proceeds and the wife's liability for the husband's costs in relation to specific applications.

Le Poer Trench J ordered that the wife vacate the property by 1 January 2017 and be restrained from returning, pending further order. A writ of possession was to issue, directed to law enforcement officers, to give the trustee vacant possession, but its execution was stayed until 18 January 2017 and conditional upon the wife failing to vacate. The writ would cease to have effect 12 months from the date of the order. Mr GG was appointed trustee for the sale of the property, with the parties required to transfer their interests to him. The Registrar was empowered to execute the transfer on the wife's behalf if she failed to do so. The trustee was authorised to engage a specific agent and solicitor, incur advertising and presentation expenses up to specified limits, and enter into a contract for sale on terms advised by the solicitor. The parties were to contribute equally to the sale costs, with provisions for one party to cover the other's share. Sale proceeds were to be disbursed according to prior orders, with specific deductions for amounts paid by one party on behalf of the other and for the trustee's costs. The wife was also ordered to pay the husband's costs for two specific applications.