NEWER & ERNEST

In the matter of *Newer & Ernest*, the applicant, Mr Newer, sought final orders from the Family Court of Australia concerning property settlement. The dispute involved the division of real property, specifically Unit 1, A, and another property at G, and the associated financial obligations.

The court was required to determine the immediate steps for the sale of Unit 1, A, including the transfer of Mr Newer's interest in the property to Ms Ernest on trust for sale. Further issues included the respondent's rights to instruct agents and solicitors for the sale, the provision of vacant possession, and the application of sale proceeds. The court also needed to address the ongoing responsibilities for mortgage payments, rates, taxes, and insurances for both properties, and the eventual transfer of Mr Newer's interest in the property at G to Ms Ernest.

Cronin J ordered the amended application for final orders to be filed by a specified date. Mr Newer was directed to transfer his interest in Unit 1, A to Ms Ernest on trust for sale, granting her significant control over the sale process, including the appointment of an estate agent and solicitor, and the determination of a reserve price through an independent valuer if agreement could not be reached. Mr Newer was also ordered to provide vacant possession of Unit 1, A in a clean and tidy state prior to the auction. The proceeds of the sale were to be applied first to sale costs, then to Ms Ernest's legal costs, followed by repayment of the National Australia Bank mortgages on both properties. Any remaining proceeds were to be held jointly pending further order. Both parties were to remain jointly responsible for mortgage payments and outgoings on both properties until further order, with adjustments to be determined at the final hearing.

Following the settlement of the sale of Unit 1, A, Mr Newer was to transfer his interest in the property at G to Ms Ernest, who would hold it on trust and be at liberty to refinance it in her name alone, assuming sole responsibility for payments under any new mortgage. A registrar of the Family Court was authorised to sign any necessary documents on Mr Newer's behalf to give effect to these orders, upon being satisfied by an affidavit from Ms Ernest's solicitor. The applicant was ordered to pay Ms Ernest $2800 by way of costs. The application filed on 4 June 2010 was otherwise dismissed, with all matters awaiting a conciliation conference.