Forced Sale - Section 66G (Applicant) - Disputed Accounts - Registrar Inquiry (UCPR Part 49)

Jurisdiction: Supreme Court of New South Wales - Registrar, conducting a formal inquiry and passing of accounts under UCPR Part 49. The Registrar's Certificate certifying the final balance is then implemented by the trustees in the distribution of net sale proceeds.

The Process at a Glance: The List Judge grants the section 66G order and refers the disputed accounts to a Registrar. The applicant prepares a detailed Scott Schedule itemising every contribution claim by date, category, amount, and document reference. The respondent files a counter-Scott Schedule identifying agreed items, disputed items, and any occupation rent cross-claim. Directions hearings before the Registrar set the timetable for affidavit evidence and document production. Expert valuation evidence is obtained if capital improvement claims are disputed. A formal inquiry hearing is conducted before the Registrar, at which the applicant tenders all evidence and responds to the occupation rent cross-claim. The Registrar issues a Registrar's Certificate certifying the net balance of accounts. The trustees implement the Certificate by adjusting the final distribution of net proceeds accordingly.

Key Legislation and Case Law: Uniform Civil Procedure Rules 2005 (NSW) Part 49 - the Registrar inquiry and passing of accounts procedure; the Registrar's Certificate certifies the net balance to be implemented in the distribution waterfall. Parkas v Shankar [NSWSC 1140] - equitable accounting principles: only capital expenditure measurably increasing market value is recoverable; personal labour (sweat equity) is not; contributions are net of the claimant's proportionate share; the Registrar's Certificate is implemented as an adjustment to the distribution of proceeds, not as a separate debt judgment. Maio v Sacco [NSWSC 646] - occupation rent is 50% of the market rental value for the period of exclusive occupation; it is a set-off against the occupying co-owner's contribution claims, not an independent claim. Scott Schedule format: columns should address item number, date, category, description, total paid, proportionate share, excess claimed, and the respondent's response (agreed, disputed, or admitted in part). If a party is dissatisfied with the Registrar's Certificate, a review application must be filed within 28 days of the certificate being issued (verify the current UCPR Part 49 review procedure with the court registry at the time of the inquiry).

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