Harrison and Cawley

This matter concerned orders made by Judge Altobelli in the Federal Circuit and Family Court of Australia concerning property settlement between a husband and wife. The primary dispute revolved around the payment of a sum of $95,679 to the wife, referred to as the "Settlement Monies," and the mechanism for its discharge.

The court was required to determine the procedure for the sale of a property if the husband failed to pay the Settlement Monies within three months. This included specifying the method of sale (private treaty initially, then auction if unsuccessful), the roles of the parties, agents, and a solicitor in the sale process, and how any disputes regarding the sale would be resolved. The court also had to determine the priority of payments from the proceeds of sale, including the Settlement Monies, mortgage discharge, rates, and sale expenses.

The court ordered that the husband pay the Settlement Monies to the wife within three months. If he failed to do so, the property was to be sold by private treaty, with detailed provisions for listing, inspections, and the conduct of the sale by a nominated solicitor. If the property remained unsold after three months, it was to be sold by auction. The court further stipulated that any disputes regarding the sale, including price or agent selection, could be referred to the President of the Real Estate Institute of New South Wales or their nominee for determination. The proceeds of sale were to be applied first to sale costs, then to discharge the mortgage and outstanding rates, followed by the Settlement Monies to the wife (with interest), and any remaining balance to the husband. The orders also clarified the parties' respective entitlements to other personal property and financial assets not specifically dealt with in the property settlement.