Brady and Wilmore

This matter concerned an application before Judge Henderson. The dispute involved a husband and wife, with the wife seeking exclusive occupation of a property and financial arrangements to facilitate the husband's departure.

The court was required to determine the terms of interim orders concerning the parties' residence and financial support. Specifically, the court needed to address the husband's vacation of the matrimonial home, the wife's exclusive occupation, and the provision of funds by the wife to assist the husband in securing alternative accommodation, including rent and a bond. The court also had to consider the nature of these payments pending a final determination.

Judge Henderson made several interim orders. The husband was ordered to vacate the property within 28 days, after which the wife would have exclusive occupation. The wife was directed to provide funds for the husband's rental bond and six weeks' rent, capped at $500 per week. Following this initial period, the wife was to continue paying the husband's rent for a further twenty-two weeks. Upon the husband vacating, the wife was to pay him $10,000. Crucially, the court noted that the characterisation of these payments would be determined by the trial judge at a final hearing. The matter was stood over for further proceedings.