ZABATINO AND ANOR & TAMBURRO AND ANOR

In the matter of *Zabatino and Anor & Tamburro and Anor*, Bell J of the Supreme Court of Victoria considered an application to set aside and vary certain consent orders made on 16 October 2006. The dispute concerned the distribution of proceeds from the sale of a property located in Suburb H, with the original consent orders having been made between Ms Zabatino, Mr Zabatino, Mr Tamburro, and Ms Tamburro.

The primary legal issue before the Court was whether paragraphs 3(b) and 3(d) of the existing consent orders should be set aside and replaced with new provisions. These paragraphs dealt with the allocation of funds from the sale of the Suburb H property, specifically concerning the discharge of any mortgage on the property and the subsequent distribution of the remaining balance among the parties.

Bell J reasoned that the proposed variations to the consent orders were intended to clarify the order of priority for payments and the proportions of the net proceeds to be distributed. The Court's decision to set aside and substitute the original orders reflects an intention to ensure a more precise and equitable distribution of the sale proceeds. The revised orders specify that any mortgage on the Suburb H property is to be discharged first, with the cost deducted from monies payable to the first and second third-party respondents. The remaining balance is then to be divided, with the wife and husband each receiving a 55/180 share, and the first and second third-party respondents jointly receiving a 70/180 share, subject to the aforementioned mortgage deduction.