Petresca and Petresca

In the matter of *Petresca and Petresca*, heard by Justice Cronin, the wife sought leave to proceed with her application out of time, pursuant to s 44(3) of the *Family Law Act 1975* (Cth). The dispute concerned the sale of two properties: one residential property and a business known as the O Business. The husband was bankrupt, and the wife was seeking orders for the sale of these assets to resolve financial matters between the parties.

The court was required to determine whether to grant the wife leave to proceed with her application out of time, and to make orders regarding the sale of the parties' properties. Specifically, the court needed to address the disposition of the proceeds from the sale of these assets, considering the husband's bankruptcy and the existing mortgages. Further issues included the husband's involvement in the sale process and the appointment of a registrar to execute necessary documents on his behalf.

Justice Cronin granted the wife leave to proceed out of time and ordered the sale of both the residential property and the O Business by public auction. The proceeds of sale were to be applied first to discharge any mortgages on the respective properties, then to cover the costs and debts associated with the husband's bankruptcy and its annulment. Any remaining balance from the sale of the O Business was to be applied towards the mortgage on the residential property. If the sale of the first property was insufficient to cover these payments, the proceeds from the second property would be used. The husband was restrained from contacting estate agents or attending the properties or auctions. The Registrar of the Court was appointed to sign any deeds or instruments on behalf of the husband, upon being satisfied of the necessity by affidavit. The wife was granted sole responsibility for implementing the sale orders, in consultation with the official trustee. The court also made orders regarding the wife's occupation of the residential property pending its sale and adjourned the wife's amended application for final orders.