Raeburn and Raeburn

This matter concerned orders made by Johnston JR in the Family Court of Australia concerning the property of a husband and wife. The primary dispute revolved around the sale of their jointly owned home and the division of their various assets, including a superannuation fund and a motor vehicle.

The court was required to determine the terms and conditions under which the parties' home would be sold, including the process for listing, pricing, and negotiation of offers. Further issues included the wife's ongoing responsibilities for mortgage repayments and outgoings on the home pending its sale, and the distribution of the net proceeds of sale. The court also had to address the division of a superannuation fund and a motor vehicle, and make orders for the execution of documents to give effect to its decisions.

Johnston JR ordered that the parties forthwith take all necessary steps to sell their home, including listing it with an agent, appointing a solicitor to manage the sale, and agreeing on a sale price or obtaining a valuation. The wife was ordered to cooperate with prospective purchasers and maintain the property. The orders stipulated a timeframe for sale by private treaty, with provisions for public auction if not sold within four months, including a mechanism for setting and adjusting reserve prices and negotiating offers post-auction. The court also ordered the wife to continue making mortgage repayments and outgoings, with defaults to be deducted from her share of the proceeds. The proceeds of sale were to be applied first to sale costs and the mortgage discharge, then distributed with a specific percentage to the husband, a sum for a valuation report, and the balance to the wife.

Additionally, the court made orders pursuant to sections 90MT(4) and 90MT(1)(a) of the *Family Law Act 1975* (Cth) to allocate a base amount of $70,000 from the husband's superannuation fund to the wife, creating an entitlement for her and a corresponding reduction in the husband's entitlement. The trustee of the fund was directed to pay this entitlement in accordance with the relevant regulations. The husband was also ordered to sell a Mercedes Benz motor vehicle and divide the net proceeds equally with the wife. All other property was to remain with the parties as per their current ownership. The Registrar of the Family Court was appointed to execute documents in default of either party. The orders were to commence operation on 14 May 2010, with leave granted to relist the proceedings before that date for further submissions on the form of the orders.