Scrivens and Scrivens

This matter concerned an application by the parties, Mr. and Mrs. Scrivens, for orders regarding the sale of their jointly owned property. The dispute centred on how the property should be listed, valued, and ultimately sold, as well as the distribution of the proceeds. The court was required to make orders to facilitate the sale and ensure a fair outcome for both parties.

The court was tasked with determining the specific mechanisms for listing the property for sale, including the appointment of an agent and the setting of an initial sale price. It also needed to establish procedures for re-evaluating the sale price if the property did not sell within a specified timeframe, and to outline the process for sale by public auction if private treaty failed. Furthermore, the court had to address the occupation and outgoings of the property pending its sale, and crucially, the division of the net proceeds between the husband and wife.

In its reasoning, the court adopted a structured approach to ensure the property was sold for the best reasonably obtainable price. It ordered that the property be listed by private treaty with an agent appointed by agreement or, failing that, by the President of the Real Estate Institute of Victoria. The sale price was to be mutually agreed or determined by a valuer appointed by the Australian Institute of Valuers and Land Administrators. The court also provided for periodic re-valuation and stipulated that if the property remained unsold after three months, it would be listed for public auction with a reserve price determined by agreement or by the valuer. The wife was to continue occupying the property and meet its outgoings pending sale. The proceeds were to be applied first to sale costs, then $75,000 was to be added to the net proceeds, with 70% of that total less $75,000 to be paid to the husband, and the balance to the wife. Each party was to retain other assets registered in their respective names.