Harvey and Harvey

In the matter of *Harvey and Harvey*, Johns J of the Family Court of Australia considered an application concerning financial orders between a husband and wife. The dispute centred on the discharge of outstanding loan balances owed to the Bank of Queensland and the husband's sole liability for these repayments. The court also addressed the potential sale of a property located at B Street, Suburb A, should the husband default on his obligations.

The primary legal issues before the court were the appropriate orders to ensure the discharge of the Bank of Queensland loans and to allocate responsibility for their repayment. The court was required to determine the conditions under which the Suburb A property might be sold, including the process for agreeing on a reserve price and selecting a real estate agent, and how the proceeds of any sale should be applied.

Johns J ordered that the husband was to discharge all outstanding balances on the Bank of Queensland loans within 21 days and be solely liable for all future loan repayments until further order. In the event of the husband's default, the Suburb A property was to be placed on the market for sale by public auction. The court specified conditions for this sale, including agreement on a reserve price and the selection of an agent, with a mechanism for nomination by the President of the Real Estate Institute of Victoria in case of disagreement. Proceeds from the sale were to be applied first to sale costs, then to discharge the Bank of Queensland loans, with the balance held in trust pending further orders. The wife was ordered to serve a copy of the order on the Bank of Queensland and their solicitors. The wife's application filed on 13 July 2016 and the husband's response filed on 21 July 2016 were otherwise dismissed.