Naylen & Naylen

In the matter of *Naylen & Naylen*, Ms Naylen (the applicant wife) sought orders for the sale of a property registered solely in the name of Mr Naylen (the respondent husband), submitting that the asset pool needed to be preserved. The husband opposed the sale, arguing it would cause him significant prejudice and that there was no urgency. The wife also sought sole use of the former matrimonial home, which the husband opposed. McEvoy J presided over the proceedings.

The court was required to determine whether to order the sale of the Suburb B property, considering the husband's opposition and claims of prejudice against the wife's submissions regarding asset preservation. Additionally, the court had to consider the wife's application for sole use of the former matrimonial home, weighing the hardship each party would face. The court also addressed the wife's request for a comprehensive report on the husband's medical condition.

McEvoy J reasoned that given the indefinite adjournment of the trial due to the husband's medical conditions and the parties' inability to sustain their current debt levels, ordering the sale of the Suburb B property was the only practicable alternative. The court found it was not fair, just, or reasonable for the wife and children to remain in their current accommodation while the husband continued to reside in the former matrimonial home. The court applied principles of preserving the asset pool and ensuring a just and equitable outcome for the parties and their children.

The court ordered the sale of the Suburb B property, with proceeds to cover sale costs, discharge the mortgage, and address arrears on other properties. The husband was ordered to continue servicing the mortgage and outgoings for the Suburb B property pending its sale. The wife was granted sole conduct of the sale and sole use of the Suburb B property until settlement. The husband was ordered to vacate the Suburb B property within 14 days and provide a vacate clean. Furthermore, the court ordered a division of the Suburb F properties, with the wife, children, and her parents to reside at 1 D Street and the husband to reside at 2 D Street. The husband was also ordered to provide a comprehensive medical report within 60 days.