Tomkin and Tomkin

In *Tomkin and Tomkin*, the wife sought to vary previous orders of the Court concerning the sale of a property located in New South Wales. The dispute centred on the practical arrangements for the sale, including the agents to be engaged, the process for determining a reserve price, and the timing of the auction.

The Court was required to determine how best to facilitate the sale of the property in accordance with the parties' obligations. Specifically, the issues involved the selection of real estate agents, the method for establishing an appropriate reserve price through valuation, and the ultimate conduct of the auction.

The Court varied the existing orders to address these matters. It ordered that the wife engage a different firm of real estate agents to conduct the sale. Furthermore, it established a process for selecting a valuer to determine the reserve price, requiring the wife to nominate three valuers and the husband to choose one from that list. The parties were directed to cooperate in instructing the chosen agents to offer the property for sale by auction in early March 2010 at the determined reserve price. The husband was initially ordered to bear the costs of the nominated valuer.