Brandella and Brandella (No. 2)

In the matter of *Brandella and Brandella (No. 2)*, Bennett J considered applications by both the husband and the wife. The husband sought to discharge specific paragraphs of earlier orders made on 26 September 2007, while the wife sought orders for the husband to vacate the former matrimonial home and for her to have conduct of its sale.

The court was required to determine whether to uphold or dismiss the husband's application to discharge parts of the previous orders and the wife's application concerning the matrimonial home. Additionally, the court addressed the practical steps necessary for the sale of the property, specifically regarding the acquisition of a planning permit for a swimming pool.

Bennett J dismissed the husband's application to discharge paragraphs 22 to 25 of the previous orders and the wife's application for the husband to vacate the former matrimonial home and for her to conduct the sale. By consent, the husband was ordered to obtain a planning permit for the swimming pool and provide it to the conveyancer and the wife's solicitors by 22 May 2008. Liberty was reserved to the parties to approach the court for urgent or interim issues arising in relation to vacant possession, rental of the property, early release of deposit money, or any other matter impeding the sale. The costs of the interim hearing were reserved, and the matter was listed for a Conciliation Conference before Registrar Riddiford between 20 August and 20 September 2008, with the Registrar empowered to make further directions if the matter did not fully resolve. Previous limitations on the issuance of subpoenas were discharged, and directions were made for the appointment of a telephone mention to discuss financial documentation.