AHMAD & AHMAD

In the matter of *Ahmad & Ahmad*, Foster J of the Family Court of Australia considered applications for injunctive relief concerning the matrimonial home and asset preservation. The wife, Ms Ahmad, sought sole use and occupation of the matrimonial home, while both parties appear to have sought or been subject to discussions regarding asset preservation orders.

The primary legal issues before the court were whether to grant the wife sole use and occupation of the matrimonial home and whether to grant asset preservation orders. The court was required to determine the relevant considerations for granting injunctive relief in the context of family law proceedings, particularly concerning the occupation of the matrimonial home.

Foster J reasoned that the wife had established grounds for sole use and occupation of the matrimonial home, granting her exclusive possession pending further order. The court also addressed the principles applicable to asset preservation orders, noting that such relief would only be granted where there was evidence to warrant it. In this instance, the court found no evidence to support an asset preservation order, and therefore refused that aspect of the application.

The court ordered that the respondent husband, Mr Ahmad, vacate the matrimonial home within seven days and be restrained from removing furniture and contents, save for his clothing and personal effects, without the wife's written consent. Following this period, the wife was granted sole use and occupation of the home, and the husband was restrained from approaching or entering the property except with the wife's written consent or a court order. Costs were reserved.