LASKARI & LASKARI

In the matter of *Laskari & Laskari*, Loughnan J of the Family Court of Australia was required to determine orders concerning the sale of a property and the interim occupation and financial responsibilities relating to that property. The dispute involved a husband and wife, and the court was tasked with making final orders regarding the disposition of their matrimonial home.

The primary legal issues before the court were how the jointly owned property should be listed and sold, including the timeline for listing, the determination of a reserve price, and the authority to appoint agents and solicitors. Additionally, the court needed to address the interim arrangements for the property pending its sale, specifically concerning mortgage payments, other outgoings, and the exclusive occupation of the wife. The court also considered the mechanism for enforcing these orders should either party fail to comply.

Loughnan J ordered that within 14 days of service of a notice under s52B of the Real Property Act, the parties must list the property for sale. The conditions of sale were to follow a specific framework, requiring the property to be listed for public auction within six weeks and the auction to occur no later than twelve weeks from the notice. The reserve price was to be jointly determined within seven weeks, failing which the husband was authorised to seek determination from the President of the Real Estate Institute of New South Wales. The husband was granted authority to appoint agents and solicitors, with auction costs to be shared equally. The parties were ordered to cooperate fully in the sale process, including providing access and maintaining the property's condition. Provisions were made for negotiation if the reserve price was not met at auction and for a second auction if the property remained unsold within 14 days of the first. Pending sale, the husband was to pay the mortgage and other outgoings, while the wife was granted exclusive occupation. To ensure compliance, the Registrar or Deputy Registrar of the Family Court was appointed to execute any necessary documents on behalf of a defaulting party, who would also bear the costs of such an application. The court also discharged previous consent orders, reserved costs, and adjourned proceedings for a registrar's teleconference.