Nettles and Nettles (No 2)

This matter concerned orders made by Foster J in the Federal Circuit Court of Australia concerning the division of property between a husband and wife. The dispute centred on the transfer of the parties' jointly owned property and a motor vehicle, and the subsequent sale of the property.

The court was required to determine the specific terms and conditions under which the husband's interest in the F Town property and a Japanese motor vehicle would be transferred to the wife. Further, the court needed to establish the process for the sale of the F Town property, including the application of sale proceeds, and to make provision for the execution of necessary documents by either party or by the Registrar of the Court in the event of non-compliance.

Foster J ordered that the husband transfer his interest in the F Town property and the Japanese motor vehicle to the wife within 14 days of service of the orders. The wife was then to list the F Town property for sale within 28 days of receiving the transfer documents. The proceeds of sale were to be applied first to agent's fees, legal costs, the mortgage discharge, and rate adjustments. The remaining balance was to be divided, with 20% held in trust by the wife's solicitors and the balance paid to the wife. The wife was given sole discretion regarding the listing price, sale price, method of sale, and the choice of real estate agent and solicitor for the sale. The court also made provisions for the Registrar to execute documents if either party failed to comply with the orders, and for the wife to provide records of the sale proceeds to the husband upon request.