Darley and Darley (No 5)

In *Darley & Darley (No. 5)*, the Family Court of Australia considered an application for contravention and an oral application for interim property orders. The applicant husband alleged that the respondent wife had contravened previous orders made on 26 May 2017, which concerned the sale of the former matrimonial home and the husband's access to personal property stored in a shed on the property. The wife, in turn, had also sought to vary the existing orders regarding access to the shed.

The primary legal issues before the Court were whether the wife had contravened the orders of 26 May 2017, and if not, what interim orders were necessary to facilitate the sale of the former matrimonial home and the resolution of disputes concerning personal property. The Court was also required to consider the parties' demonstrated inability to agree on these matters.

Justice Forrest found that the husband had not established, on the balance of probabilities, that the wife had contravened the previous orders. However, acknowledging the parties' ongoing inability to reach agreement, the Court entertained an oral application for further interim orders. The Court appointed a solicitor, Mr F, as Trustee for Sale of the former matrimonial home, with broad discretion regarding the sale process, including honouring existing agency agreements or proceeding at his discretion. The orders also detailed the application of sale proceeds, the wife's responsibility for mortgage repayments while the property was tenanted, and provisions for the husband's access to the shed, including the potential termination of the tenants' agreement if access was not granted. The Court also ordered the wife to provide the tenancy agreement to the husband.