TERZI & TERZI

In *Terzi & Terzi*, Foster J of the Family Court of Australia considered an application by the wife for urgent interim property orders concerning the matrimonial home. The wife sought orders for the sale of the property due to the husband's failure to make mortgage repayments for four months and his subsequent cessation of engagement with the court proceedings. The husband did not appear at the hearing.

The primary legal issue before the court was whether to grant the wife's application for an undefended interim sale of the matrimonial home, given the husband's default and the wife's stated need for urgent orders. The court was required to determine the terms of such a sale, including the method of listing, reserve price determination, and the distribution of sale proceeds.

Foster J reasoned that the husband's non-compliance with mortgage obligations and his withdrawal from the proceedings necessitated intervention to protect the wife's interests and preserve the asset. The court applied principles relating to the urgent sale of matrimonial property in circumstances of financial distress and non-engagement by one party. The court made orders for the property to be listed for sale by private treaty, with liberty to list by auction if not sold by a specified date. The orders detailed the process for setting a reserve price, the distribution of proceeds to cover the mortgage, sale expenses, legal costs, and a payment of $30,000 to the wife, with the balance to be held in trust pending further order. The husband was also ordered to maintain the property and cooperate with the sale process, and to transfer the wife's share in his business to him. The court also made provision for the Registrar to execute documents if either party failed to do so.