STENNER & STENNER

Case

[2016] FamCA 76

9 February 2016


Details
AGLC Case Decision Date
STENNER & STENNER [2016] FamCA 76 [2016] FamCA 76 9 February 2016

CaseChat Overview and Summary

In the matter of *Stenner & Stenner*, Dawe J considered applications by both the husband and wife concerning property and children. The dispute involved interim orders relating to the sale of the former matrimonial home, including its listing price and the distribution of sale proceeds, as well as the husband's application for orders concerning the children's schooling.

The court was required to determine whether to reduce the sale price of the former matrimonial home and appoint a conveyancer to manage its sale. It also needed to decide on the distribution of the proceeds from that sale. Furthermore, the court had to consider the husband's request for orders to enrol the children at a different school, assessing whether the financial circumstances justified such a change and if it was in the children's best interests on an interim basis.

Dawe J ordered that the listing price of the former matrimonial home be reduced to $1,000,000 for three months, and thereafter to $900,000 if not sold, with subsequent pricing to be agreed or determined by a valuer. B Conveyancers was appointed to conduct the sale, with parties to execute contracts upon agreement or as nominated by a valuer. Neither party could grant exclusive agency rights without consent. Proceeds were to be applied first to the mortgage and sale costs, then to rates, with the balance to be invested. The court adjourned further consideration of interim spousal maintenance and reserved costs. The husband's application for a change of school for the children was not satisfied due to unclear financial circumstances and was deemed not to be in the children's best interests on an interim basis.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

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