Turner and Kemp

This matter concerned an application by the applicant, Ms Turner, for orders relating to the sale of a property known as "K property" in Victoria. The dispute arose in the context of enforcing previous consent orders made by the Court on 19 January 2010, which dealt with property settlement under s 79 of the *Family Law Act 1975* (Cth). The Court was required to make further orders to facilitate the sale of the property and address outstanding issues between the parties.

The primary legal issues before the Court were how to ensure the immediate sale of K property in compliance with the earlier consent orders, who should have conduct of the sale, and what steps were necessary to effect the transfer of the property. The Court also had to determine the commencement date for the respondent's obligation to pay interest on outstanding monies and address the respondent's legal costs.

Justice Young ordered that K property be immediately offered for sale by public auction, with the applicant having sole conduct of the sale. This included the power to appoint the real estate agent, determine the terms and conditions of sale to maximise the sale price, and negotiate a reserve price. The respondent was ordered to co-operate fully with the sale process, including presenting the property in a clean condition and facilitating inspections. To overcome potential difficulties in the respondent's co-operation, a Registrar or other officer of the Court was appointed to execute all necessary documents for the sale and settlement. The respondent's obligation to pay interest was to commence from 18 February 2010, and he was ordered to pay $2,600 towards the applicant's legal costs from the proceeds of sale. The applicant's initiating application filed on 26 May 2010 was otherwise dismissed.