Pointer and Pointer

This matter concerned an application by the wife against the husband regarding property settlement and spousal maintenance. The dispute centred on the sale of a property and the distribution of proceeds, as well as ongoing financial support for the wife. The proceedings were before Judicial Registrar Loughnan.

The court was required to determine the terms of orders concerning the sale of a property, including the removal of a caveat, the appointment of an agent, the engagement of a conveyancing solicitor, the setting of a reserve price, and the conditions under which a sale could be effected if the reserve price was not met at auction. Additionally, the court had to determine the priority of payments from the sale proceeds, including costs, rates, and mortgage discharge. Finally, the court was asked to make orders regarding spousal maintenance payable by the husband to the wife.

Judicial Registrar Loughnan made orders in terms of the wife's amended application. These orders mandated the husband to take steps to remove a caveat from the property title within seven days. The wife was granted liberty to proceed with the sale of the property, including appointing a real estate agent (with costs initially borne by the husband) and instructing a conveyancing solicitor (with costs to be shared equally on completion). A reserve price was to be set, with a default of $5,500,000 if agreement was not reached. The wife was authorised to negotiate a sale up to 5% below the reserve price if the auction failed to meet it. The proceeds of sale were to be applied first to sale costs, then to outstanding rates and mortgage discharge, with the balance to be held pending further resolution. The husband was also ordered to pay the wife $1,500 per week by way of spousal maintenance until compliance with the property sale and distribution orders. Leave was granted for parties to apply regarding a specific aspect of the property sale with notice. No order was made as to costs.