Jamine and Jamine

In the matter of Jamine and Jamine, Cronin J considered orders relating to the sale of real property and the transfer of interests in property between the husband and wife. The dispute concerned the terms and conditions under which two properties, one at I Street, Suburb A, and another at J Street, Suburb K, would be dealt with.

The court was required to determine the specific mechanisms for the sale of the I Street property, including the method of sale, the agent to be appointed, and the minimum sale price. Additionally, the court needed to decide the conditions under which the wife would transfer her interest in the J Street property to the husband, including a payment obligation by the husband and the consequences of non-compliance with that obligation. The court also considered the appointment of a registrar to sign documents if a party failed to comply with the orders.

Cronin J ordered that the I Street property be placed on the market for private sale for six weeks with a specific agent, with a condition that if an offer of $370,000 or more was received, the parties were to proceed with the sale. If the property remained unsold after six weeks, it was to be auctioned with a reserve price of $370,000. The court further ordered that upon the husband paying $131,000 to the wife's solicitors by a specified date, the wife would transfer her interest in the J Street property to the husband, who would then indemnify her against all liabilities associated with that property. In the event of the husband's failure to make this payment, the J Street property was to be sold by auction with a reserve price of $400,000, with a different agent nominated. The court also made provision for a registrar to sign necessary documents on behalf of a non-compliant party and confirmed a previous order relating to section 106A of the Family Law Act 1975 (Cth).

The final orders stipulated that the husband pay one-third of the wife's costs of the proceeding, and that the wife's application and the husband's response thereto were otherwise dismissed.