Keogh and Keogh (No 2)

In *Keogh and Keogh (No 2)*, Benjamin J of the Family Court of Australia made orders concerning the sale and distribution of proceeds from a property located at S Street, Suburb M, Tasmania. The proceedings involved the wife, Ms Keogh, and the husband, whose interests were represented by the court's orders.

The court was required to determine the terms of the sale of the property and the distribution of the net proceeds. Specifically, the court needed to address the payment of sale expenses, the discharge of a first mortgage to E Pty Ltd, the handling of tenant bonds, and the settlement of statutory charges such as council rates and land tax. Furthermore, the court had to decide on the allocation of the remaining funds, including a specific sum to the wife and the balance to the husband, and how each party would retain their existing property and financial resources.

Benjamin J applied section 106A of the *Family Law Act 1975* to empower the wife to execute necessary documents for the sale of the property, including a Discharge Authority to E Pty Ltd and a Transfer document. The court ordered that the proceeds of sale be applied first to the costs of sale, the first mortgagee, tenant bonds, and council rates and land tax. Following these payments, the wife was to receive $7,000.00 from the net proceeds and/or the released bond, with any remaining balance to be paid to the husband. The court also directed that each party retain their existing property and financial resources. The wife was ordered to notify the husband of the orders made.