KENT & MARSHALL

In the matter of *Kent & Marshall*, Barry J of the Family Court of Australia considered an application by the wife for an interim distribution from the future sale of the former matrimonial home. The husband resided overseas, and no contract for sale of the property currently existed. The wife sought the appointment of a trustee for sale to facilitate the disposition of the property.

The court was required to determine whether to appoint a trustee for sale for the former matrimonial home and to make orders regarding the interim distribution of proceeds upon sale, as well as the husband's ongoing obligations concerning the property's mortgage and insurance. The court also had to consider the wife's application for costs.

Barry J applied principles of family law concerning property settlement and the court's power to make interim orders. The court found it appropriate to appoint a trustee for sale, vesting the property in the trustee for the purpose of sale. The husband was ordered to continue making mortgage repayments and maintaining homeowners insurance. The wife was directed to withdraw a caveat upon the trustee's appointment. Upon settlement of the sale, the net proceeds were to be applied first to discharge the mortgage, then to sale costs including the trustee's fees, outstanding rates, and finally, $75,000 was to be paid to the wife, with the balance to be held pending further order.

The costs of the wife's application were reserved to the trial judge.