Sutcliff and Sutcliff (No. 2)

This decision concerns an application by the wife in proceedings between the parties, Sutcliff and Sutcliff (No. 2), before Johns J of the Family Court of Australia. The dispute revolved around the sale of a property located at E Street, D Town, Victoria, which was to be sold pursuant to earlier consent orders. The wife sought orders to facilitate the default sale of the property, while the husband's response to the application and the wife's initial application were dismissed.

The court was required to determine the specific terms and conditions under which the D Town property would be sold, including the obligations of each party in relation to the sale process. This involved considering arrangements for a private sale, including the listing price and cooperation with the real estate agent, and, in the event the property was not sold within a specified timeframe, the terms of a subsequent public auction. The court also had to address the husband's responsibilities regarding the property's condition, maintenance, and vacating the premises.

Johns J ordered that the husband, at his expense, must sign all necessary documents and take all required actions to facilitate the sale of the D Town property. This included cooperating with the selling agent, ensuring the property was presented appropriately, and meeting any repair or maintenance costs. If the property was not sold within two months, it was to be sold by public auction, with the husband responsible for auction expenses. The court further ordered that the Registrar or Deputy Registrar of the Family Court of Australia was appointed to execute any necessary documents in the husband's name should he fail to do so. The wife's application and the husband's response were dismissed, and the husband was ordered to pay the wife's costs fixed at $7,000.