Swayte and Swayte (No. 2)

In *Swayte and Swayte (No. 2)*, Foster J considered an application by the wife for a stay of certain orders made on 5 June 2020, which related to the sale of a property at X Street, Suburb Y. The dispute concerned the management and sale of this property and the disposition of its proceeds.

The primary legal issue before the court was whether the wife should be granted a stay of the existing orders concerning the Suburb Y property, and if so, under what conditions. This involved determining the appropriate arrangements for the sale of the property, the management of the sale proceeds, and the occupation of the property pending its sale.

Foster J reasoned that a stay was appropriate, subject to specific conditions designed to facilitate the sale of the property and manage the proceeds. The court ordered that the wife be appointed trustee for sale of the Suburb Y property and be responsible for its sale at the best reasonably obtainable price. The net proceeds were to be paid into a controlled monies account held by her solicitor, from which the wife could utilise funds for property outgoings, business expenses related to "H Company" at D Street, Suburb F, and other necessary payments. The husband was ordered to vacate the property within seven days and was restrained from attending or entering the property without the wife's consent. The wife was also directed to arrange for the removal and storage of furniture and effects from the property, with storage fees to be paid from the controlled monies account. The costs of the stay application were reserved to the final hearing or agreement.