SANFORD & WEVER

This matter came before Johnston JR concerning the sale of a property located in New South Wales. The dispute involved the parties' obligations and the process by which the property was to be sold, including the appointment of agents, valuers, and lawyers, as well as the conditions for sale by private treaty or public auction. The court also addressed the distribution of sale proceeds and the division of other property.

The court was required to determine the specific terms and conditions under which the parties would sell their jointly owned property. This included establishing a framework for agreeing on or appointing agents, valuers, and legal representatives, setting a listing price, and outlining the procedures for sale by private treaty, including the wife's cooperation in facilitating inspections. The court also had to determine the process for sale by public auction if private treaty failed, including the setting of reserve prices and subsequent relisting procedures. Furthermore, the court needed to specify the priority of payments from the sale proceeds and clarify the entitlement to furniture and other chattels.

The court's reasoning, as reflected in its orders, established a detailed mechanism to ensure the property was sold for the best reasonably obtainable price. It provided for mutual agreement between the parties on key aspects of the sale, with default provisions for the appointment of independent professionals (agents, valuers, lawyers) and the determination of sale prices and reserve prices. The orders also imposed specific obligations on the wife regarding the presentation of the property for inspection and provided for the husband to undertake necessary work if the wife failed to do so, with costs recoverable from sale proceeds. The court also appointed the Registrar of the Family Court of Australia as an attorney to execute documents if a party refused to do so, pursuant to section 106A of the Family Law Act 1975.

The court ordered that the parties were to take all necessary steps to sell the property by private treaty within seven weeks, with detailed provisions for listing, pricing, and sale. If the property was not sold within that period, it was to be listed for public auction, with further provisions for reserve prices and subsequent auctions at three-monthly intervals with progressively reduced reserve prices. The proceeds of sale were to be applied first to sale costs, then to discharge the mortgage and outstanding rates, followed by reimbursement for any work undertaken to facilitate the sale, with the balance to be distributed 34.647 percent to the husband and the remainder to the wife. The wife was to retain the furniture and furnishings within the property, and all other property and chattels were to be retained by the party in possession. The orders were to commence operation on 2 March 2010, with leave for parties to relist for submissions on the form of orders or implementation.