Hewson and Hewson

In the matter of *Hewson and Hewson*, Johnston JR made orders concerning the sale of the former matrimonial home and the division of property between the husband and wife. The dispute centred on how the matrimonial home should be sold and how the proceeds of that sale, along with other assets, should be distributed.

The court was required to determine the specific terms and conditions under which the former matrimonial home would be listed for sale, including the sale price, the appointment of agents, and the process for inspections and offers. Furthermore, the court had to establish the priority of payments from the sale proceeds, including the costs of sale, outstanding rates, and the ultimate distribution of the remaining balance between the husband and wife. The court also needed to address the division of other assets and the commencement date for these orders.

Johnston JR ordered that the former matrimonial home be placed on the market for sale by private treaty, with detailed provisions for agent appointment, listing price, and cooperation between the parties. If the property remained unsold after six months, it was to be listed for public auction, with further provisions for reserve prices and subsequent negotiations. The proceeds of sale were to be applied first to all costs and expenses of the sale, then to outstanding rates, with the remaining balance to be divided 73.29 percent to the husband and 26.71 percent to the wife. Other assets were to be retained by each party respectively. The orders were to commence on 4 March 2009, with leave granted for either party to re-list for orders concerning the form of the sale, including a potential buy-out by the husband.