Scott and Scott

In the matter of *Scott and Scott*, Judge Terry of the Federal Circuit Court of Australia was required to make orders concerning the division of property between a husband and wife. The dispute centred on the sale of a property known as Property L and the distribution of its proceeds, as well as the division of other assets.

The court was tasked with determining the specific steps required for the sale of Property L, including the method of sale, the appointment of an agent, the setting of a listing price, and the process for accepting offers. Furthermore, the court needed to establish the priority of payments from the sale proceeds, including the costs of sale, outstanding rates, and the ultimate division of the remaining balance between the parties. The court also had to consider a contingency for the property remaining unsold after a specified period, requiring a shift to a public auction and potential relisting. Finally, the court was to address the removal of personal belongings by the wife and the general declaration of ownership for all other assets.

Judge Terry ordered that the husband, in consultation with the wife, was to take all necessary steps to sell Property L by private treaty. This included listing the property with an agreed agent, setting a listing price based on the agent's recommendation if agreement could not be reached, and cooperating fully with the agent. The proceeds of sale were to be applied first to cover all sale costs, then any outstanding municipal and water rates, with the remaining balance to be divided equally between the husband and wife. In the event the property was not sold by private treaty within six months, it was to be listed for public auction with a reserve price determined by the agent if the parties could not agree. The court also ordered that the husband provide the wife access to remove her personal belongings from Property L within 28 days.

The court further declared that each party was the owner of all assets in their possession, registered in their name, or under their control, other than as specified in the orders. To ensure compliance, the Registrar of the Newcastle Registry of the Federal Circuit Court of Australia was appointed to execute any necessary documents in the name of a defaulting party should either party refuse or neglect to do so within 14 days of a written request.