Poyzer and Tritton (No 3)

In *Poyzer and Tritton (No 3)*, Dawe J considered orders to be made in proceedings between a husband and wife concerning financial matters. The dispute involved the husband's obligations regarding a loan between the Poyzer Family Trust and the Poyzer Investments Pty Ltd Superannuation Fund, and the joint conduct of the sale of several properties.

The court was required to determine the specific terms of orders relating to the payment of interest on the aforementioned loan, the process for the sale of the properties, and the management of the net proceeds from that sale. This included establishing mechanisms for appointing a real estate agent and determining the method and price of sale in the event of disagreement between the parties.

Dawe J ordered that the husband must ensure the Poyzer Family Trust pays all interest due and owing, and thereafter to become due, to the Poyzer Investments Pty Ltd Superannuation Fund. The husband was also directed to provide written confirmation of compliance to the wife. Furthermore, the husband and wife were to jointly conduct the sale of the specified properties, with provisions made for the appointment of a real estate agent and the determination of the sale method and price by that agent if the parties could not agree. Upon settlement, the net proceeds, after payment of sale costs and specified Commonwealth Bank loans, were to be placed into a joint interest-earning account requiring both parties' signatures for operation.