Merrick and Merrick

This matter concerned orders made by Hogan J in the Federal Circuit and Family Court of Australia between Ms Merrick (the Applicant) and Mr Merrick (the Respondent). The dispute centred on the sale of real property located at B Street, Suburb C, Queensland. The court was required to make final orders regarding the management and sale of this property, as well as the occupation of the premises.

The legal issues before the court included the appointment of a trustee for sale, the authorisation of steps to prepare the property for sale, the appointment of a real estate agent, the vacating of the property by the Applicant, and the distribution of sale proceeds. The court also considered the disposal of any chattels left by the Applicant and the facilitation of access for inspections, quotes, and tradespeople.

Hogan J appointed the Respondent, Mr Merrick, as trustee for sale of the Suburb C property. He was authorised to take reasonable steps to prepare the property for sale, obtain quotes for necessary work up to $5,000, and accept such quotes. The sale was to be conducted on terms recommended by Mr D of E Real Estate Agency, who was appointed as the agent. The Applicant, Ms Merrick, and her invitees were ordered to vacate the property within 21 days and were restrained from returning to live there pending sale. The Applicant was also required to provide all keys and access codes to Mr D and leave the property in a clean and tidy condition, removing any non-working vehicles.

The proceeds of the sale were to be applied first to discharge the mortgage, then to agent commissions and expenses, conveyancing costs, reimbursement of the Respondent for preparation costs up to $5,000, and finally, any remaining balance to the Applicant. The order also provided for the appointment of a Registrar to sign documents if a party failed to do so within 14 days of a written request, with the defaulting party bearing the costs associated with this process. All previous applications were dismissed.