Yardsley and Yardsley

Case

[2018] FamCA 463

30 April 2018


Details
AGLC Case Decision Date
Yardsley and Yardsley [2018] FamCA 463 [2018] FamCA 463 30 April 2018

CaseChat Overview and Summary

In *Yardsley and Yardsley*, heard by Watts J, the husband sought an extension of time to file his Reply, which was lodged on the court portal on 20 April 2018. The wife had filed her Response to an Application in a Case on 6 April 2018.

The primary legal issue before the court was whether to grant the husband's application to extend time for filing his Reply. The court was also required to determine the orders to be made in accordance with the wife's Response, specifically concerning the sale of a property located in Suburb B.

Watts J dismissed the husband's application to extend time to file his Reply. The court then made orders in accordance with the wife's Response, directing that within 28 days, both parties were to take all necessary steps to list and sell the Suburb B property for the highest attainable price. The wife was to select the real estate agent and a New South Wales solicitor to act for the vendors. The parties were to sign all required documents, including an exclusive agency agreement and a Contract for Sale. The sale and listing prices were to be mutually agreed, but in the event of dispute for more than seven days, a single expert valuer, Mr C of C Valuers, would determine these prices, with his decision being final and binding. The husband was to bear the costs of engaging the single expert valuer. Upon completion of the sale, proceeds were to be applied first to sale expenses, then to discharge mortgages and encumbrances, and finally to reimburse the husband for any prior payments made for the valuer, solicitor, and agent.
Details

Areas of Law

  • Family Law

  • Property Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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