Mosef and Mosef

In the matter of *Mosef and Mosef*, Foster J of the Federal Circuit and Family Court of Australia was required to determine the orders concerning the sale of a property and the distribution of its proceeds. The dispute involved a husband and wife, and the court's orders addressed the practical steps for selling their jointly owned property.

The central legal issues before the court were the mechanism for the sale of the property, including the appointment of agents and solicitors, the setting of a reserve price, and the acceptance of offers below the reserve. Furthermore, the court had to determine the priority and distribution of the sale proceeds, including the payment of expenses, legal fees, costs associated with independent reports in related parenting proceedings, and the division of the remaining balance between the parties.

Foster J ordered the husband and wife to take all necessary steps to effect a sale of the property by public auction within three months. The order stipulated a process for appointing a selling agent and a solicitor, with the wife having the power to appoint in default of agreement. It also established a method for setting a reserve price and accepting offers below the reserve, with the selling agent's recommendation to be followed. The proceeds were to be distributed in a specific order: first, for auction and selling expenses and legal fees; second, $15,000 to the Independent Children’s Lawyer for costs of a Single Expert Report in parenting proceedings; third, $100,000 to each of the husband and wife; and finally, the balance to be held by the parties' solicitors pending further order. The court also made provision for any future applications for costs.