Oldfield & Oldfield

In *Oldfield & Oldfield*, Hartnett J considered an interim application concerning the sale of three properties: H Street, 1 D Street, and 2 D Street. Neither party was in a position to retain these assets, and both sought orders regarding their sale. A key point of contention was the order in which the properties should be sold, and the Respondent opposed the selling agent proposed by the Applicant. The court's ultimate decision aimed to facilitate the sale of these assets to provide necessary funds for the parties.

The primary legal issues before the court were the determination of the appropriate selling agent for the three properties, the terms and conditions of their sale, and the distribution of the proceeds. Additionally, the court had to address the preparation of the properties for sale, including the allocation of costs for any necessary works, and the withdrawal of caveats lodged by the Respondent. The court also considered the immediate collection of personal effects and vehicles by the Applicant, the Respondent's sole use and occupation of the H Street property pending settlement, and the collection of the Respondent's personal items from other locations. Finally, the court had to determine the disposition of a motor vehicle, either through sale with proceeds allocated as spousal maintenance and/or part-property settlement, or by the Applicant paying an agreed sum to the Respondent.

Hartnett J ordered that the three properties be sold by B Realtors (Suburb C), the agent proposed by the Applicant, on terms to be agreed between the parties, with sales not to be listed before 1 March 2021. Upon settlement, sale costs and encumbrances were to be paid, followed by a payment of $250,000 to each party, with the balance held in trust pending further orders. The court also made orders regarding the preparation of the properties for sale, with the Applicant to initially bear the costs of works, subject to adjustment at trial. The Respondent was ordered to withdraw caveats lodged against the properties within 60 days. The Applicant was permitted to collect personal effects and vehicles from H Street on a specified date, and the Respondent was to ensure the vehicles were available. By consent, the Respondent was granted sole use and occupation of H Street until further order, though this did not prevent the Applicant's access for sale-related purposes. The Applicant was also ordered to make personal items belonging to the Respondent and her children available for collection from other locations by a specified date. Finally, the Applicant was to transfer a motor vehicle to the Respondent at her expense, or alternatively, place one of two specified motor vehicles on the market for sale with proceeds applied as directed, or pay an agreed sum to the Respondent within 21 days.