Marley and Ormonde and Ors

In the matter of *Marley and Ormonde and Ors*, Henderson J made orders concerning the sale of a property located at E Street, Suburb F NSW. The dispute involved a de-facto husband and wife, and the orders addressed the process of listing, selling, and distributing the proceeds from the Suburb F property.

The court was required to determine the terms and conditions under which the Suburb F property should be placed on the market for sale, including the appointment of agents and conveyancers, and the conditions of sale. Furthermore, the court had to establish the priority and manner of distribution of the sale proceeds, including the payment of sale costs, mortgage discharge, tax liabilities of both parties, an interim property distribution to the de-facto wife, and the allocation of the remaining balance. The court also made orders regarding the notification of the Australian Tax Office concerning tax payments and any potential credits or overpayments.

Henderson J ordered that the de-facto husband was to take all necessary steps to list the Suburb F property for sale within 42 days, with provisions for the appointment of an agent and conveyancer if the husband failed to do so. The sale was to proceed on terms agreed by the parties or determined by the agent, with a reserve price set by agreement or by the agent. The de-facto husband was mandated to cooperate fully with the agent and conveyancer, and to ensure the property was presented in a neat and clean condition for inspections. The court also ordered that the costs of the conveyancer be paid initially by the de-facto husband, with sale costs to be shared equally upon settlement. The proceeds of sale were to be applied in a specific order of priority, commencing with sale costs, followed by the mortgage discharge, the de-facto wife's tax liability, the de-facto husband's tax liability, an interim distribution to the de-facto wife, other outgoings, and finally, the balance to be held in a controlled monies trust account for the parties. The orders also included provisions for the de-facto husband to authorise the de-facto wife to liaise with the Australian Tax Office regarding any tax payments and potential credits.