Hillman & Hillman (No. 3)
Case
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[2021] FamCA 145
•23 March 2021
Details
AGLC
Case
Decision Date
Hillman & Hillman (No. 3) [2021] FamCA 145
[2021] FamCA 145
23 March 2021
CaseChat Overview and Summary
In the matter of *Hillman & Hillman (No. 3)*, Ms. Hillman was the applicant and Mr. Hillman was the respondent before Baumann J of the Family Court of Australia. The dispute concerned the enforcement and variation of previous property orders, specifically relating to the sale of a property. Both parties had sought to be appointed as the sole trustee for the sale of the property.
The court was required to determine how to vary the existing orders to facilitate the sale of the Suburb VV property, given the parties' competing applications regarding its management. The central legal issue was the appointment of a trustee for the sale and the distribution of the proceeds.
Baumann J varied the previous orders made on 23 October 2020. The court ordered that the Suburb VV property be listed for sale by private treaty with a real estate agent chosen by the husband. The deadline for the sale was extended from 31 March 2021 to 30 April 2021. Crucially, the court ordered that the balance of the proceeds of sale were to be paid to the husband. Certain other orders from 23 October 2020 were confirmed to remain in full force and effect. The application filed on 4 February 2021 was adjourned for a case management hearing, and the costs of that application and the hearing before Baumann J were reserved.
The court was required to determine how to vary the existing orders to facilitate the sale of the Suburb VV property, given the parties' competing applications regarding its management. The central legal issue was the appointment of a trustee for the sale and the distribution of the proceeds.
Baumann J varied the previous orders made on 23 October 2020. The court ordered that the Suburb VV property be listed for sale by private treaty with a real estate agent chosen by the husband. The deadline for the sale was extended from 31 March 2021 to 30 April 2021. Crucially, the court ordered that the balance of the proceeds of sale were to be paid to the husband. Certain other orders from 23 October 2020 were confirmed to remain in full force and effect. The application filed on 4 February 2021 was adjourned for a case management hearing, and the costs of that application and the hearing before Baumann J were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Remedies
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Hillman & Hillman
[2020] FamCA 630
Hillman and Hillman (No 2)
[2020] FamCA 893