Reed and Connolly and Anor

This matter concerned an application by the wife for the removal of a caveat registered on a property, and for the disbursement of sale proceeds. The husband and his former solicitors were also involved in the dispute concerning the property and the proceeds of its sale. The application was heard in the Federal Circuit Court of Australia by Judge Wilson.

The primary legal issues before the Court were whether the caveat should be removed, and how the proceeds of the sale of the property should be distributed, particularly in light of costs orders and a dispute between the husband and his former solicitors. The Court was also required to consider the reasonableness of employing an advocate for the proceedings.

Judge Wilson ordered the removal of the caveat, appointing a Registrar of the Court to execute the withdrawal. The Court directed that the proceeds of the property sale be disbursed first to cover the wife's costs associated with the conveyance and "thrown away" costs from a failed settlement, and then to the wife's and a third party's legal costs. The remaining balance was to be paid into the Supreme Court Fund pending further determination regarding its disbursement between the husband and his former solicitors. The Court also certified that it was reasonable for the parties to employ an advocate.