HAWKINS & HAWKINS

In the matter of HAWKINS & HAWKINS, Kent J of the Federal Circuit Court of Australia made orders concerning property settlement between the parties. The dispute involved the sale of a property located at B Street, Suburb C, and the distribution of its proceeds, as well as the management of rental income from that property.

The court was required to determine the agreed sale price for the Suburb C property and the order in which the proceeds of sale were to be applied. Additionally, the court needed to address the disposition of rental monies received by the Wife and the potential for the Wife to enter into further lease arrangements for the property beyond the current tenancy. The court also considered the Wife's application to correct an affidavit.

By consent, the court ordered that the agreed sale price for the Suburb C property be $825,000.00. The proceeds of sale were to be applied first to commission and costs of sale, then to outstanding rates, legal costs of sale, and the discharge of the mortgage, with the balance to be held in a trust account pending final property settlement orders. Rental monies paid to the Wife were to be directed to a specific Commonwealth Bank of Australia mortgage account, and the Wife was ordered to account to the Husband for all rental income received to date. The court granted the Wife leave to correct her affidavit. Costs of the Husband's application were reserved to the trial.