Picken and Picken (No. 6)

This matter before Young J of the Family Court of Australia concerned an application by an Intervenor regarding the sale of a property. The dispute involved the husband and wife, who were registered proprietors of the property, and the Intervenor, who was involved in the listing, sale, and settlement of the home. The court was required to make orders concerning the practical steps for the sale of the property, including the execution of documents, the husband's obligations, and the wife's occupation and vacation of the premises.

The court was tasked with determining how to facilitate the sale of the home, particularly in light of the wife's continued occupation and the need for vacant possession for settlement. Key issues included the appointment of a Registrar to execute necessary documents, the husband's co-operation with the sale process, and the conditions surrounding the wife's departure from the property. The court also considered the allocation of the deposit and the potential for a partial distribution of these funds to the wife as part of her property entitlement.

Young J made several orders to give effect to the sale. A Registrar was authorised to execute documents for the sale, and the husband was directed to sign all necessary documents and comply with the Intervenor's directions, while being prohibited from returning to the home. The wife was ordered to vacate the home and remove her possessions at least twenty-one days before settlement. The court also stipulated that the Intervenor was to obtain a deposit of at least ten percent of the sale price, and fifty percent of this deposit, up to a maximum of ten percent of the sale price, was to be released to the wife as a partial settlement of her property entitlement. A Warrant of Possession was to issue, but its execution was stayed until twenty-one days prior to settlement, allowing for the wife's voluntary vacation of the premises.