On 6 September, Sydney presented a CPD seminar for UNSW Edge titled Admissibility of evidence through the looking glass of Sec 66 G Applications and the War of the Roses.
Sec 66 G of the Conveyancing Act (NSW) clothes the court with the power to appoint a trustee for sale or more rarely, to order the partition of the property.
When such orders are made, how does one account in the final wash up for matters such as
- Who paid the initial deposit?
- Who paid the mortgage?
- Who did the maintenance?
Other issues included:
- If the property is to be portioned between the parties, where does the Solomonic slice go?
- What ownership does not need to have standing to make a Sec 66 G application?
- What degree of mathematical precision is required when it comes to divvying up expenses?
- When will the Court deviate from the usual order that costs of the proceedings be paid out of the proceeds of the sale?
- What is the form of lay evidence that is called for about events in the dim and distant past?
- How should the letter of instruction to any expert be framed?
For some of Sydney’s other CPD seminars, please see Seminar History.