Babel and Johansen

The matter of *Babel and Johansen* concerned an application before Justice Jordan of the Federal Circuit Court of Australia. The dispute involved a husband and wife, with the wife seeking various orders concerning property and the husband seeking to stay proceedings.

The court was required to determine whether to grant the husband's application for a stay, and to consider the wife's applications for mandatory injunctions, the setting aside of a tenancy agreement, and the execution of a notice to quit. The court also had to address costs associated with the various applications.

Justice Jordan dismissed the husband's stay application. The court issued mandatory injunctions requiring the husband to vacate a dwelling by a specified date, with provision for enforcement by law enforcement officers if necessary. Further injunctions were granted to restrain the husband from entering or coming within 100 metres of two specified dwellings until their sale and settlement were finalised. The court also set aside a general tenancy agreement entered into by the husband and ordered the Registrar to execute a notice to quit to the tenant. The husband was ordered to pay the wife's costs on an indemnity basis for several applications, and also to pay costs for specific actions related to the withdrawal of caveats. The solicitors appointed by the court to manage the property conveyances were granted liberty to secure settlement of the sale contracts.