Notaros and Houlis

This matter concerned orders made by Johnston J in proceedings between Notaros and Houlis. The dispute involved the division of property and the sale of various assets, including a property and business at I Street, Suburb F, and two other properties at E Street, Suburb F. The orders also addressed the removal of a caveat, the appointment of a real estate agent, and the method and pricing of the sales.

The court was required to determine the terms of the property settlement between the parties. This included specifying the manner in which the jointly owned assets were to be sold, the allocation of sale proceeds, and the respective entitlements of the husband and wife to the remaining balance. The court also needed to make provision for the execution of necessary documents and the resolution of any disputes arising during the implementation of the orders.

Johnston J applied principles under section 79 of the *Family Law Act 1975* (Cth) to declare the parties as sole owners of other property and superannuation not subject to the sale orders. The court's reasoning led to detailed orders for the sale of the specified assets, including provisions for private treaty and auction sales, the determination of sale prices by a nominated professional where parties could not agree, and the distribution of proceeds to cover sale expenses, a mortgage, a payment to the wife's parents, and the remaining balance split between the parties. The orders also included mechanisms for the Registrar to execute documents if a party refused to do so and set a commencement date for the orders.