Bourke and Bourke (No. 2)

In *Bourke and Bourke (No. 2)*, Dessau J of the Family Court of Australia considered applications made by the wife in proceedings between the parties concerning property settlement and the occupation of a property. The dispute involved the wife's applications for leave to proceed on an undefended basis for final property orders, or alternatively, for sole use and occupation of a property.

The court was required to determine the procedural path forward for the wife's applications, given the husband's apparent non-compliance with procedural requirements. Additionally, the court needed to address the wife's costs of the day and the husband's obligations regarding the sale of a property.

Dessau J ordered that the existing applications be adjourned to an interim hearing for the wife's application for leave to proceed undefended or for sole use and occupation to be heard. The wife was granted carriage of the sale of a property, with a Registrar empowered to sign documents on the husband's behalf should he fail to do so. The husband was directed to file and serve any documents he intended to rely upon by a specified date. The court also reserved the wife's costs of the day, indicating a potential determination regarding their payment by the husband or his solicitor. Finally, the court noted that the matter reasonably required the attendance of counsel and ordered a transcript of the reasons for judgment.