Kappas and Kappas (No.4)

In *Kappas and Kappas (No.4)*, Judge Harland of the Federal Circuit Court of Australia made orders concerning the sale of a property and associated financial liabilities between the parties, the Husband and the Wife. The dispute centred on the practical arrangements for the sale of the real property at Property A, Victoria, and the allocation of financial responsibilities related to the property and the proceedings.

The court was required to determine the specific terms under which the jointly owned property would be sold, including who would control the sale process, the minimum sale price, and the method of sale. Furthermore, the court needed to resolve issues of possession of the property, the Husband's liability for loan interest, rates, and taxes, and the distribution of rental income and legal costs between the parties. The court also had to consider the enforcement of its orders, particularly in the event of the Husband's non-compliance with vacating the property.

Judge Harland ordered that the property be listed for sale under the sole conduct of the Wife, with a reserve price of $1,500,000.00, and that the Wife determine the method of sale, the selling agent, and the sale price. The Husband was ordered to vacate the property within seven days, granting the Wife sole possession for the sale. The Husband was made solely liable for all legal fees and interest charges on the Bank A loan from 24 March 2017 until completion, as well as outstanding council rates, water rates, and land tax for Property A. The Husband was also ordered to pay the Wife $8,307, representing half the net rental income from March to December 2017, less October's income. Provisions were made for these payments and the Wife's costs to be deducted from the Husband's entitlement from the sale. In the event the Husband failed to vacate, the court ordered the issuance of a warrant for possession.