Xin and Qinlang and Ors (No 2)

This matter concerned an application before Gill J in the Federal Circuit and Family Court of Australia, concerning refurbishment works required at the F Franchise. The dispute involved the parties' real property located at D Street, Suburb E, Australian Capital Territory, and the application of its net proceeds of sale towards the refurbishment costs.

The court was required to determine the process by which the Suburb E property would be sold, including the roles and responsibilities of each party in the sale, the management of sale expenses, and the distribution of the sale proceeds. Specifically, the court needed to address the appointment of a trustee for the sale, the husband's obligations regarding vacating the property and executing necessary documents, and the order of priority for the application of the sale proceeds.

Gill J ordered that the parties do all things necessary to sell the Suburb E property, appointing the Wife as the sole trustee for the sale. The husband was ordered to vacate the property within fourteen days and leave it in a clean and tidy condition. The Wife was granted broad authority to manage the sale, including incurring advertising and presentation expenses up to specified limits, retaining an agent and solicitor, and entering into a contract for sale, subject to consultation with the agent on pricing and solicitor's advice. The husband was directed to execute all necessary sale documents within seven days of request.

Upon completion of the sale, the proceeds were to be distributed in a specific order: first, to cover sale expenses including reimbursement to the Wife for her incurred costs; secondly, for conveyancing adjustments; thirdly, for the conveyancing solicitor's costs; fourthly, to discharge the home loan; fifthly, for the refurbishment costs of the F Franchise; and finally, any remaining balance was to be held in the Wife's solicitors' trust account pending further court order or agreement. In default of the husband's compliance, a Registrar of the Court was appointed to execute documents. Liberty to apply was reserved to the parties.