McGee and Kerr

In *McGee and Kerr*, heard by Judge Altobelli, the dispute concerned the division of property and the financial relationship between the parties. The court was required to make orders concerning the payment of a sum of money, the sale of a property, and the allocation of remaining assets and liabilities.

The court determined the legal issues surrounding the finalisation of the parties' financial affairs. This involved establishing a clear mechanism for the payment of a principal sum, including provisions for interest in case of default. Furthermore, the court addressed the sale of a specific property, outlining the steps and responsibilities of the parties in facilitating its sale and the distribution of the proceeds. The court also considered how remaining property and debts would be handled, aiming to achieve a final determination of the parties' financial relationship.

The court ordered that the respondent pay the applicant $150,000 within four months. If this sum was not paid, interest would accrue. In the event of non-compliance with the payment order, the respondent was directed to take all necessary steps to sell a specified property within five months. These steps included listing the property for auction with agents and solicitors nominated by the applicant, cooperating with the sale process, and accepting advice regarding the sale price. The proceeds of the sale were to be applied first to sale costs, then legal costs, then the discharge of any mortgage, followed by the principal sum and interest owed to the applicant, with any balance to the respondent. The court also ordered that each party retain property and chattels in their possession and be liable for their own debts, indemnifying the other against any such liabilities. A Registrar was appointed to execute documents if a party defaulted, and the orders were intended to finally determine the parties' financial relationship.