SELLAR & SANSOM

In the matter of SELLAR & SANSOM, Judge Henderson of the Federal Circuit Court of Australia made orders concerning the division of property between the parties. The dispute involved the disposition of a property identified as "Property C" and other assets.

The court was required to determine the terms of the property settlement, including the payment of a capital sum and costs by the respondent to the applicant, and the process for the sale of Property C in the event of default. Further issues included the disbursement of sale proceeds, the division of other assets, and the transfer of superannuation entitlements. The court also addressed the mechanism for enforcing its orders.

Judge Henderson ordered that the respondent pay the applicant a specified capital sum and costs within 42 days. In the event of non-payment, the property was to be offered for sale, initially at an agreed price or a valuation amount, and subsequently by public auction with a progressively reducing reserve if not sold within 60 days of default. The sale process involved the respondent nominating agents and the applicant selecting one to manage the sale. Sale proceeds were to be applied first to selling costs, then to the applicant's outstanding capital sum and interest. If proceeds were insufficient, the respondent was to sell shares to cover the shortfall. Other assets were to be divided absolutely between the parties, and the applicant's superannuation entitlement was to be rolled over. The court also stipulated that if either party failed to comply with the orders, the Registrar of the Sydney registry was authorised to execute documents on their behalf.