Holland and Holland

This matter came before Johns J of the Family Court of Australia concerning the sale of the former matrimonial home and certain investments. The applicant wife sought orders for the conduct of the sale of the property and the disposition of its proceeds, as well as the sale of various investments held in the respondent husband's name. The respondent husband was also to be responsible for the maintenance and payments associated with the property pending its sale.

The court was required to determine the terms and conditions under which the former matrimonial home would be sold, including the appointment of a selling agent, the setting of a reserve price, and the allocation of responsibilities for marketing and inspections. Further issues included the distribution of sale proceeds, the management and sale of specific investments held by the respondent, and the mechanism for enforcing compliance with the court's orders, particularly in the event of the respondent's failure to execute necessary documentation. The court also considered the respondent's ongoing liabilities for the property's upkeep and mortgage payments.

Johns J made detailed orders regarding the sale of the property, granting the applicant wife sole control and conduct of the sale by auction, with specific provisions for access, marketing, and the setting of a reserve price. The court also ordered the sale of the respondent husband's investments under the applicant wife's control. Provisions were made for the proceeds of both the property and investment sales to be paid into the applicant wife's solicitors' trust account, pending further court order or agreement. To ensure compliance, the court appointed a Registrar of the Family Court of Australia to execute documents on behalf of the respondent husband should he fail to do so, pursuant to section 106A of the *Family Law Act 1975* (Cth). The respondent husband was made liable for the day-to-day maintenance, mortgage payments, rates, taxes, insurance, and utilities for the property, as well as any damage caused by him or his invitees.