HOLBERT & HOLBERT

In the matter of HOLBERT & HOLBERT, McEvoy J of the court made orders concerning the division of property between the Husband and the Wife. The dispute involved the sale of two properties located in the UK and the distribution of the proceeds, as well as the dismissal of certain applications and the listing of remaining matters.

The court was required to determine the method of sale for the UK properties, the priority of payments from the sale proceeds, and the disposition of the parties' applications for final orders. Specifically, the court needed to decide how the proceeds would be applied after sale, including the discharge of mortgages and the allocation of funds to the Wife and Husband.

McEvoy J ordered that the two UK properties be sold forthwith at fair market value by an agent appointed by the Wife. The proceeds of sale were to be applied first to the costs of sale, then to discharge any mortgages, rates, taxes, and charges. Following this, A$250,000 was to be paid to the Wife, with A$100,000 of that sum to be set aside for mortgage instalments on the J Street property. The remaining balance of the sale proceeds was to be divided equally between the Husband and the Wife. The Wife's amended application and the Husband's response were otherwise dismissed, with remaining applications for final orders to be listed for judicial allocation, save for any applications for costs. The parties were also directed to file written submissions regarding costs.