Penton and Penton

In *Penton and Penton*, heard by Judge Terry, the parties sought orders concerning the division of their matrimonial property. The primary dispute revolved around the sale of the former matrimonial home and the distribution of its proceeds, as well as the ownership of various personal items and the contents of garden sheds.

The court was required to determine the terms of sale for the former matrimonial home, including the method of listing, setting prices, and the process for executing sale documents. Further issues included the allocation of sale proceeds after payment of expenses and the mortgage, the disposition of specific personal property claimed by each party, and the sole occupation of the home pending its sale. The court also needed to address the potential for one party's refusal or inability to execute necessary documents for the sale.

Judge Terry ordered the sale of the former matrimonial home by private treaty, with specific provisions for agent nomination and price agreement. The proceeds were to be applied first to sale costs and the mortgage, with the balance distributed as 61.5% plus $40,508.32 to the wife and 38.5% less $40,508.32 to the husband. The wife was granted sole occupation of the home pending sale, with responsibility for outgoings, and neither party was permitted to encumber the property without consent. Specific orders were made regarding the ownership and delivery of various personal items, including jewellery, crystalware, silver trophies, and garden shed contents, with a push mower explicitly allocated to the wife. The husband was ordered to provide a withdrawal of caveat, and the wife was declared owner of photo tubs in the husband's possession. Finally, the Registrar of the Federal Circuit Court of Australia was appointed to execute any necessary documents if a party failed to do so.