Elashi and Elbani

In the matter of Elashi and Elbani, Bennett J of the Federal Circuit Court of Australia considered an urgent application by the wife. The dispute concerned family law proceedings, with the wife seeking interim relief. The husband did not oppose certain orders sought by the wife.

The court was required to determine the terms of interim orders concerning the progression of the proceedings and the preservation of the former matrimonial home. Specifically, the court needed to set timelines for the filing and service of response documents and affidavits, vacate a previously scheduled directions hearing, and make orders restraining the husband from dealing with the former matrimonial home. The court also considered whether to dispense with the requirement for a conciliation conference, noting that the parties had already participated in mediation.

Bennett J made orders by consent and without opposition from the husband. These orders adjourned the wife's urgent application to a later date, set strict deadlines for the filing and service of the husband's response and affidavit material, and similarly set a deadline for the wife's affidavit in reply. The court also vacated the directions hearing and adjourned the applications to the Judicial Duty List. Crucially, the court ordered that until further order, the husband was restrained from selling, encumbering, or dealing with the former matrimonial home unless otherwise agreed in writing by the parties' solicitors. The court also dispensed with the requirement for a conciliation conference, noting the parties' prior mediation.