SRESBODAN & SRESBODAN

In this matter before Watts J, the wife sought interim property orders, including the sale of the matrimonial home, which were consented to by the husband's trustee in bankruptcy. The husband, however, opposed the making of these orders. The dispute centred on the practical arrangements for the sale of the property and the husband's obligation to vacate it.

The court was required to determine whether to make interim orders for the sale of the matrimonial property, appoint trustees for sale, and order the husband to vacate the property. A key issue was how to facilitate the sale of the property in a manner that avoided potential contravention of the *Property, Stock & Business Agents Act 2002* and ensured the efficient finalisation of the husband's bankruptcy. The court also considered the terms of the sale, including the appointment of agents, the setting of a reserve price, and the bidding rights of both the wife and the husband.

Watts J reasoned that the orders were necessary to achieve a timely and orderly sale of the property, which was a crucial step in the finalisation of the husband's bankruptcy and the resolution of the parties' property dispute. The court applied principles relating to the court's power to make interim orders for the sale of property and to grant injunctions, including the power to order a party to vacate a property. The court also considered the provisions of section 114 of the *Family Law Act 1975* regarding injunctions and section 106A of the *Family Law Act 1975* for the appointment of the Registrar to execute documents. The court's orders aimed to facilitate the sale by auction, with specific provisions for the wife and the husband to bid, and outlined the priority of distribution of the sale proceeds.

The court ordered that the husband's trustee in bankruptcy take steps to finalise the husband's bankruptcy as quickly as possible. The husband was ordered to vacate the matrimonial property by 24 June 2010, not re-enter it, and provide the keys to the trustee. The wife and the trustee were appointed as trustees for the sale of the property, with instructions to sell it by auction within three months. The proceeds of sale were to be applied in a specified order, including payment of sale costs, discharge of encumbrances, satisfaction of the husband's creditors, and reimbursement to the wife for certain expenses. The court also made provision for a second auction if the property was not sold on the first occasion and for the possibility of agreeing to a sale below the reserve price. The trustee was ordered to pay the husband $450 per week for ten weeks, conditional on the husband's compliance with the vacation orders.