Cirillo & Cirillo (No 4)

In the Federal Circuit and Family Court of Australia (Division 1), the husband and the second respondent sought an order allowing real estate agents and a prospective purchaser of their former matrimonial home to inspect the property for sale purposes. The wife opposed the application, seeking an adjournment to present evidence and issue a subpoena. The court first had to determine its jurisdiction, given the recent legislative changes to the Family Law Act and the Federal Circuit and Family Court of Australia Act, which raised questions about the jurisdiction of Division 1 over matters filed in it before 1 September 2021. The court concluded that the legislature intended for Division 1 to retain its jurisdiction over such matters. The court also found that the Chief Justice's order transferring and retransferring the proceedings conferred jurisdiction on Division 1. The court then denied the adjournment, emphasising the need to avoid satellite litigation and to proceed with the inspection to determine the property's value. The court ordered the wife to provide access to the property for inspection by the real estate agent and prospective purchaser for one hour.

The court ordered that within two days of a written request by the husband's solicitors to the wife's solicitors, the wife shall do all things and sign all documents necessary to provide access to the former matrimonial home at RR Street, Suburb P and its grounds to the licensed real estate agent and prospective purchaser. The costs of this application are reserved to the final hearing.