Aheb and Aheb

In the matter of *Aheb and Aheb*, Cronin J of the Family Court of Australia made orders concerning the former matrimonial home and the parties' respective rights and obligations. The dispute involved the wife seeking to vary existing orders and obtain exclusive possession of the former matrimonial home, as well as arrangements for the sale of the property and the collection of the husband's belongings.

The court was required to determine whether to grant the wife leave to proceed in the husband's absence, discharge or suspend previous orders, and make specific orders regarding the occupation and sale of the former matrimonial home. Further issues included the husband's obligation to collect his chattels, the application of sale proceeds, and the consequences of non-compliance with the orders. The court also considered the wife's costs of the application.

Cronin J ordered that the wife have leave to proceed in the husband's absence and discharged paragraph 8 of the orders made on 6 November 2006. Paragraph 1 of the orders made on 30 October 2007 was suspended until further order. The wife was granted sole use of the former matrimonial home and the husband was restrained from entering it, save for the collection of his chattels by 4.00pm on 20 January 2009. The wife was permitted to change the locks and was to facilitate the collection of the husband's belongings upon 48 hours' notice. The former matrimonial home was to be placed on the market for sale, with the wife having sole control of the sale process. Proceeds were to be applied first to sale costs, then to discharge the mortgage, then to costs ordered on 29 August 2007, and the balance to the wife as part property settlement. In the event of the husband's non-compliance with sale orders, a registrar was empowered to execute necessary documents. The husband was ordered to pay the wife's costs of the application, fixed at $4540, to be paid from his share of property proceedings.