Shafton and Shafton and Anor (No.2)

This matter concerned an application before Judge Terry in the Family Court of Australia. The proceedings involved the parties, Mr. and Mrs. Shafton, and the Trustee for sale of certain properties. The dispute centred on the implementation of orders for the sale of these properties and the terms under which that sale should proceed.

The court was required to determine whether to vary existing orders appointing a trustee for sale. Specifically, the court had to consider the terms of the trustee's engagement, including the duration of the marketing campaign, the method of sale, and the minimum reserve price for the auction. The court also considered an application filed on 25 July 2014, and whether it should be dismissed.

In his reasoning, Judge Terry varied the previous order to clarify the trustee's role as trustee for sale of the specified properties. The court then made specific directions for the trustee, requiring the engagement of an agent to conduct a well-advertised marketing campaign of at least six weeks, followed by a public auction within ten weeks. A minimum reserve price of $700,000.00 was also stipulated for the auction. The court dismissed the application filed on 25 July 2014, while reserving the trustee's rights regarding remuneration and the parties' rights to seek costs at a future time.