REID & REID

In the matter of REID & REID, Judge Scarlett of the Federal Circuit Court of Australia considered an application by Ms Reid and Mr Reid concerning the sale of a property. The dispute centred on the distribution of the proceeds from the sale of the property known as the "[H] Property".

The court was required to determine the terms upon which the sale of the [H] Property would proceed and how the net proceeds of that sale were to be distributed between the parties. Additionally, the court needed to address the mechanism for enforcing compliance with its orders regarding the sale and transfer of the property.

Judge Scarlett reasoned that it was necessary to grant leave for the proceedings to be conducted *ex parte* and to make specific orders for the sale of the [H] Property. The court ordered that the parties execute all necessary documents for the sale at the agreed price of $825,000, with adjustments. To ensure effectuation of the sale, the Registrar of the Federal Circuit Court was appointed to execute documents on behalf of any defaulting party, pursuant to section 106A of the *Family Law Act 1975*. The proceeds of sale were to be applied first to sale costs, then outstanding rates and utilities, followed by the discharge of any encumbrances. The remaining net proceeds were to be divided with 75% allocated to the Wife and the balance to the Husband. The court further ordered that, apart from the specific provisions regarding the [H] Property, each party was to retain exclusive entitlement to all other property in their possession or registered in their name.