Kellner and Kellner and Ors

In the matter of *Kellner and Kellner and Ors*, Judge Harland of the Federal Circuit Court of Australia was required to determine various interim applications concerning the sale of multiple properties and the distribution of sale proceeds, as well as applications for costs. The dispute arose after a threshold hearing had established the existence of a de facto relationship between the parties.

The court was tasked with making orders regarding the manner and timing of the sale of several properties, including the appointment of real estate agents and the acceptance of offers above specified minimum prices. Furthermore, the court needed to determine the priority of payments from the sale proceeds, including the discharge of selling costs, warrants, bank loans, and various debts owed to a local court judgment, insurance premiums, and the Australian Taxation Office. The court also considered applications for costs, specifically whether an indemnity basis was warranted and whether to depart from the Federal Circuit Court costs scale.

Judge Harland made detailed orders for the sale of properties, including specific timelines for listing and the appointment of agents. The court also stipulated the order of priority for the distribution of sale proceeds, commencing with selling costs, followed by the discharge of encumbrances and debts, including personal and joint tax liabilities. The court ordered that the first respondent pay the applicant's costs on the Federal Circuit Court scale from the date of filing until 17 December 2013. Additionally, the second respondent's application filed on 11 April 2014 was dismissed, with the second respondent ordered to pay the applicant's costs for that application. The proceedings were subsequently transferred to the Family Court of Australia.