Rapetti & Ors and Rapetti

Stevenson J made orders in proceedings between the husband and wife, concerning the division of their property. The interveners' applications were dismissed. The primary dispute revolved around the sale of a property located at M Street, M, New South Wales, and the distribution of the proceeds, as well as the division of various other assets and liabilities.

The court was required to determine the specific terms and conditions under which the M property should be listed for sale, including the appointment of an agent, the method of sale, the reserve price, and the timeline for the auction. Further issues included the distribution of the sale proceeds, the immediate closure of a joint bank account, the entitlement to specific items of personal property such as cartoon cells and sports memorabilia, and the division of a superannuation fund. The court also needed to address the retention of other assets and liabilities by each party.

Stevenson J ordered that the M property be listed for sale after the completion of the husband's Higher School Certificate examinations in 2011, and that the sale be conducted by a mutually agreed agent or one nominated by the President of the Real Estate Institute of New South Wales. The sale was to be by auction, with specific provisions for setting a reserve price and conducting subsequent auctions if the property was not sold. The proceeds were to be distributed in a defined order of priority, including costs, a debt owed to Ms N and Mr C, a sum to Ms K, and the balance divided 65% to the wife and 35% to the husband. The wife was made solely responsible for statutory rates and charges on the property pending sale. The court also made specific declarations regarding the entitlement to cartoon cells, sports memorabilia, and a superannuation fund, and outlined the retention of other assets and liabilities by each party.