Waters and Waters

This matter concerned an application by the Mother in the Family Court of Australia, before Barry J. The core of the dispute involved the sale of two properties owned by the parties, located at 15 E Street and 17 E Street. The court was required to make orders regarding the terms and conditions of the sale of these properties, including how the proceeds would be distributed.

The legal issues before the court were primarily procedural and administrative, focusing on the practical steps necessary to effect the sale of the jointly owned properties. This included determining the authority of the parties to conduct the sale, the appointment of legal representatives and real estate agents, the method of sale (public auction), the setting of a reserve price, and the timeline for the auction. Furthermore, the court had to establish a clear priority for the distribution of the sale proceeds, addressing secured debts, commissions, legal costs, other expenses, and outstanding loan arrears before any balance was held pending final orders.

Barry J ordered that both properties be sold by public auction. The parties were to jointly have the authority to conduct the sale, with the Wife's solicitors principally appointed to act, though the sale was to be conducted jointly with the Husband's solicitors. The auction was to occur within four weeks, with a reserve price to be agreed upon within one week or determined by the Chief Executive Officer of the Real Estate Institute of Queensland. If the reserve price was not met, the parties were to negotiate with the highest bidder, and if unsuccessful, the property was to be re-auctioned. The proceeds were to be applied first to secured debts, then agent's commission, legal costs, and other expenses, followed by loan arrears, with the balance to be held in trust pending final orders and periodically applied to mortgage payments. The court also made orders concerning child counselling, an updated Family Report, the exchange of documents, and adjourned further applications by the Father.