Chaihine and Kamal & Ors

In *Chaihine and Kamal & Ors*, Foster J of the Family Court of Australia considered an application for interim property orders and injunctions concerning the disposition of sale funds. The dispute involved parties seeking to manage the proceeds from the sale of a property to meet ongoing outgoings pending a final hearing of their property settlement.

The court was required to determine the principles applicable to interim property orders and injunctions in the context of a property sale. Specifically, the court needed to decide how the proceeds of sale should be applied to address immediate financial needs and obligations of the parties, including mortgage arrears and future expenses related to another property, while also making provision for one party.

Foster J applied principles governing interim relief in family law property proceedings. The court ordered that the net proceeds of sale, after payment of legal fees, be paid into a controlled money account. From these funds, the court directed payment of outstanding mortgage arrears on a specified property, a sum of $50,000 to the wife, and further payments for future mortgage, insurance, and rates on that property, pending further order. The husband's application and the wife's response were otherwise dismissed.