Hattton and Hatton

In the matter of *Hatton and Hatton*, Loughnan JR made orders concerning the disposition of property and the withdrawal of caveats between the parties. The dispute involved the matrimonial home, identified as the "M property," and the sale of service businesses.

The court was required to determine the terms and conditions for the transfer and sale of the M property, including the timeline for instructing agents, listing the property, vacating the premises, setting a reserve price, and the distribution of sale proceeds. Additionally, the court needed to address the wife's withdrawal of caveats lodged over various properties and the conditions under which certain orders would lapse.

Loughnan JR ordered that the wife forthwith transfer the M property to the husband, subject to existing encumbrances. The husband was directed to take all necessary steps to sell the property within specified timeframes, including instructing a solicitor, listing with an agent, and vacating the premises. The property was to be listed for auction within five weeks with a reserve price of $4 million. Upon completion of the sale, proceeds were to be distributed to cover selling costs, agent fees, legal fees, and any outstanding mortgages. The wife was also ordered to withdraw caveats lodged over several properties. These orders were contingent on the husband issuing a Notice to Complete or Statement of Claim regarding the sale of service businesses by a specified date, failing which the orders would lapse. A Memorandum of Transfer and Withdrawal of Caveats were to be held by the husband's solicitor for ten days, solely for the purpose of settling the sale of the service businesses. The wife was granted twenty-one days to vacate the M property.