Nixon and Nixon and Ors

This matter concerned applications by the Wife and the Intervenor, with the Husband responding to the Wife's application. The dispute involved the sale of two properties, H Street and M Property, and related costs. The applications were heard by Young J in the Family Court of Australia.

The court was required to determine various issues, including the valuation and sale process for the H Street property, the appointment of agents for the sale of the M Property, and the costs associated with the proceedings. Specifically, the court needed to decide on the reserve price for the H Street sale, the date and method of its auction, and the terms of the sale authority for the M Property. Additionally, the court had to consider the costs of the valuation, the costs of the day for the Intervenor, and the costs of the Wife.

Young J ordered that the H Street property be valued by a jointly instructed valuer, with the costs of this valuation to be initially borne by the Intervenor, to be repaid upon settlement of the sale. The reserve price for the H Street sale was to be the determined valuation sum, and the property was to be listed for public auction on a specific date. The sale authority for the M Property was varied to allow for joint agents, and existing exclusive sale authorities were not to be extended except as provided. The court dismissed the Wife's interim application, the Husband's application, and the Intervenor's application, with specific directions regarding the reinstatement of the Husband's application.

The court ordered that the Intervenor's costs for the day be fixed at $4,000.00 plus GST, with the liability for payment between the Husband and Wife reserved to the trial judge. The Husband was ordered to pay $10,000.00 plus GST towards the Wife's costs for the day, with payment stayed until trial. The court certified that the matter reasonably required the attendance of Senior Counsel for the Wife and Counsel for the Intervenor and Second Respondent.