MARSHALL & MARSHALL

The decision in *Marshall & Marshall* concerned the sale of real property located at B Street, C Town, Victoria. The parties, a husband and wife, were in dispute regarding the disposition of this property. The matter came before McClelland J.

The court was required to determine the terms and conditions under which the Victoria property should be listed for sale, including the method of sale, the appointment of agents and auctioneers, and the setting of a sale price or reserve price. Furthermore, the court needed to establish the priority of payments from the proceeds of sale and to define the ongoing responsibilities of the parties concerning the property's outgoings pending its sale.

McClelland J ordered that the Victoria property be listed for sale by private treaty with a licensed real estate agent within twenty-eight days. If the property was not sold within three months, it was to be sold by public auction. The court specified the process for selecting the agent and auctioneer, including mechanisms for nomination by professional bodies if the parties could not agree. The proceeds of sale were to be applied in a defined order of priority, commencing with legal costs and commissions, followed by rates and levies, mortgage discharge, a sum of up to $30,000 to the wife, and any remaining balance to the husband. The husband was made responsible for mortgage repayments, rates, and other outgoings pending sale, with provisions for adjustment of the proceeds distribution if he failed to meet these obligations.