Kusno and Kusno (No. 2)

This matter concerned an application by the parties, Mr. Kusno and Mrs. Kusno, in relation to the enforcement of previous orders made on 10 April 2017, specifically concerning the sale of their former matrimonial home. The court was required to determine the appropriate mechanism for facilitating the sale of the property and the distribution of the proceeds.

The central legal issue before the court was how to effectively enforce the prior orders for the sale of the former matrimonial home, given the circumstances presented. This involved determining the appointment of a trustee to manage the sale process and establishing the priorities for the distribution of the sale proceeds.

Foster J ordered that a solicitor, Mr. M, be appointed as Trustee for the Husband and Wife to facilitate the sale of the Suburb C property. The property was to vest in the Trustee for sale, who was directed to list it for public auction, set a reserve price to maximise the sale price, and cooperate with the appointed real estate agent. The Trustee was also empowered to execute the contract of sale and all necessary documents. The proceeds of sale were to be applied first to discharge any mortgages, followed by the agent's commission and expenses, legal costs, outstanding utilities and rates, the Trustee's reasonable costs, and finally, the remaining sums were to be paid to the parties in compliance with the orders of 10 April 2017. Any applications for costs arising from this application were to be made by written submission within specified timeframes.