Kellner and Kellner

In the matter of *Kellner and Kellner*, Berman J of the Supreme Court of the Northern Territory considered an application concerning property settlement and costs following the breakdown of a de facto relationship. The dispute involved the disposition of a property and the distribution of sale proceeds, as well as the payment of legal costs.

The court was required to determine the terms of possession of a property, the distribution of funds held by a law firm, and the allocation of the net proceeds from the sale of the de facto husband's property. Specifically, the court had to decide how a sum of $5,000 held by Withnalls Lawyers should be disbursed, and how the balance of the net proceeds of sale, estimated at $364,978.73, should be divided between the de facto husband, Mr IJ, and Withnalls Lawyers for the wife's costs. The court also considered an application filed on 13 December 2019 and whether leave should be granted for Mr IJ's solicitor to intervene.

Berman J ordered that if the de facto husband failed to vacate the property at 2 U Street Suburb V NT by 4:00 pm on 20 January 2020, a warrant of possession would issue, authorising the Australian Federal Police to remove him and any other occupants. Withnalls Lawyers were directed to forward $5,000 to the de facto husband. From the net proceeds of sale of the property, $100,000 was to be paid to Mr IJ, and $268,740 was to be paid to Withnalls Lawyers for the wife's costs, with any remaining balance to be paid to the de facto husband. Leave was granted for Mr IJ's solicitor to intervene. The wife's costs in relation to specific paragraphs of her application were reserved, and otherwise, her application was dismissed.