Richard and Briar (No. 3)

In the Family Court of Australia, Dessau J considered an application by the husband concerning the former matrimonial home. The dispute centred on the sale of this property and the distribution of the proceeds.

The court was required to determine whether to dispense with service of the husband's application on the wife, and to make orders for the sale of the former matrimonial home. Further issues included appointing an officer of the court to execute documents on the wife's behalf, granting the husband sole discretion over the sale terms, and directing the application of the sale proceeds.

Dessau J reasoned that dispensing with service on the wife was appropriate in the circumstances. The court exercised its power under s 106A of the *Family Law Act 1975* to appoint a Registrar or Deputy Registrar to execute necessary documents for the sale of the property in the wife's name, thereby giving effect to the sale. The husband was granted sole discretion regarding the terms and conditions of the sale. The proceeds were to be applied first to sale expenses, then to discharge the mortgage, with the balance to be held in a trust account pending further court order or the ascertainment of the wife's tax file number. The husband's application was otherwise dismissed, and other existing applications were adjourned.