Stevens and Lewis

This matter concerned orders made by Le Poer Trench J in a family law proceeding between Stevens and Lewis. The dispute involved the sale of a property located at B Street, Suburb C, New South Wales, and the distribution of the proceeds. The court also addressed interim parenting orders and expedited the final hearing of the parties' parenting and property dispute.

The court was required to determine the terms and conditions under which the jointly owned property would be marketed and sold, including the method of sale, reserve prices, and the acceptance of offers. Furthermore, the court needed to establish the priority of payments from the sale proceeds, including agent commissions, expenses, legal costs, mortgage discharges, and a specific debt owed to Mr D Lewis Investments Pty Limited. The court also considered the appointment of the registrar as an executing party in the event of a party's refusal to sign necessary documents.

Le Poer Trench J ordered that existing court orders be suspended pending payment and that the wife be responsible for marketing and selling the property. This included listing the property with the current agent, executing necessary documents, and cooperating with the agent and her solicitor, who were both required to keep the husband informed. The property was to be sold by public auction on or before 2 July 2011, with a reserve price of $1,700,000, subject to agreement. If the property did not sell at auction, it was to be marketed by private treaty for 12 weeks, with the wife to accept offers within 5% of the reserve price, unless otherwise agreed. A second auction was to be held within 8 weeks if the property remained unsold, with a reserve price 5% below the first auction's reserve, again subject to agreement. The wife was to attend auctions and negotiate with the highest bidder if the reserve was not met, accepting offers within 5% of the reserve. The proceeds of sale were to be applied in a specific order: agent's commission, advertising expenses, cleaning and presentation costs (up to $15,000 with receipts), legal costs, mortgage discharges, the debt to Mr D Lewis Investments Pty Limited, and the balance to be held in a controlled monies account. The court also appointed the registrar to execute documents if a party failed to do so within 14 days of a written request. The final hearing of the parenting and property dispute was expedited, and a family report was ordered to address various aspects of the children's relationships with their parents, their parents' capacities, and the impact of potential relocation.