Harvey & Harvey & Anor

This matter concerned an application before Johns J in the Family Court of Australia, brought by the parties, identified as the husband and wife, seeking to vary existing orders. The dispute centred on the sale of the former matrimonial home and the distribution of the proceeds.

The court was required to determine the terms of the sale of the former matrimonial home, including the engagement of a real estate agent, the method of sale, the setting of a reserve price, and the order of priority for the application of the sale proceeds. Specifically, the court needed to address the payment of sale costs, discharge of bank loans, and the allocation of the remaining balance to the Commissioner of Taxation and any surplus.

Johns J, by consent of the parties, made orders varying the previous orders of 25 July 2016. The court ordered that the former matrimonial home be placed on the market for sale by public auction, with a reserve price to be agreed by the parties or nominated by the selling agent. The proceeds were to be applied first to sale costs, then to discharge specified bank loans, followed by payment of a sum to the Commissioner of Taxation, with any remainder to be held in trust pending further order. The court also made provision for the Registrar of the Family Court to sign documents if a party refused to do so, and adjourned extant applications for further mention.