Sumich and Sumich

In the matter of *Sumich and Sumich*, Judge Harman considered an application by the wife, Ms Sumich, concerning property settlement and the sale of a jointly owned property. The dispute involved the terms of the sale of "Property A" and the exclusive occupation of that property pending sale.

The court was required to determine the appropriate orders regarding the sale of Property A, the exclusive occupation of the property, and the distribution of funds, including a payment to facilitate the husband's vacating the premises and the reimbursement of costs awarded to the wife.

Judge Harman discharged all prior orders except for those made on 28 May 2015 concerning the sale of Property A, the distribution of proceeds, and the retention of other property, as well as the costs order of 29 May 2017. The court appointed the wife as the sole Trustee for Sale for Property A, granting her broad discretion in determining the sale method and terms. The husband was ordered to vacate the property within 14 days and was restrained from attending it, with the wife granted sole use and exclusive occupation pending sale. The husband was permitted to remove his personal belongings upon vacating. The wife was ordered to provide the husband with $4,000 within 24 hours to assist with securing alternative accommodation, this sum to be recouped from the husband's share of the sale proceeds. Additionally, the wife was entitled to deduct the $1,181 costs awarded to her from the husband's share of the proceeds.