Vermeer & Vermeer (No 2)

The parties in this matter were Vermeer and Vermeer (No 2). The dispute concerned the division of assets following the breakdown of the marriage between the parties. The case was heard by Benjamin J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether to make an order for the sale of a property located at 14 Willow Creek Road, Dural, New South Wales. This property was jointly owned by the parties, and the applicant sought its sale as part of the overall property settlement. The respondent, however, opposed the sale, arguing that it would be premature and that other assets should be dealt with first.

Benjamin J considered the principles of property adjustment under the *Family Law Act 1975* (Cth), particularly the need for a just and equitable division of matrimonial assets. His Honour noted that while the court has broad powers to make orders for the sale of property, such orders should only be made when necessary and appropriate in the circumstances. In this instance, Benjamin J found that the sale of the Dural property was not immediately necessary, as there were other significant assets that could be dealt with to achieve a just and equitable outcome. The court determined that it was preferable to defer the decision regarding the sale of the Dural property until further information was available regarding the parties' respective financial positions and the potential for alternative resolutions.

Consequently, Benjamin J ordered that the application for the sale of the Dural property be adjourned to a later date, with liberty to the parties to restore the application to the list on short notice.