Fisher and Fisher (No 2)

This matter came before Young J concerning disputes between the husband and wife. The wife sought interim orders, and the husband filed responses seeking his own interim orders. The court was required to determine the appropriate interim arrangements for the parties, particularly concerning the leasing of a jointly owned property and the disbursement of rental income, as well as the resolution of various applications and costs.

The court was tasked with determining the interim management of a jointly owned property, specifically the rear unit at B Street, Suburb C. This involved deciding who would have conduct of the leasing, the terms of that lease, and how the net rental income would be applied. Additionally, the court needed to address the dismissal of interim orders sought by both the wife and the husband, and to make directions for the future case management of the proceedings.

Young J ordered that the wife have sole conduct of the leasing of the rear unit, with the assistance of a real estate agent, for an initial term of six months with a six-month option. The husband was directed to cooperate with the leasing process, and a Registrar was empowered to sign documents on his behalf if necessary, pursuant to s 106A of the *Family Law Act 1975*. The net rental income was to be applied first to outstanding costs orders, then to spousal maintenance arrears and payments, followed by mortgage arrears on the property, with any balance to be held in an interest-bearing account pending further order. The wife was ordered to complete a parenting course. Interim orders sought by both parties were dismissed, and all extant applications were adjourned for case management, with liberty reserved to apply regarding issues arising from the property leasing. Costs for the wife on the day were fixed at $900, adjourned to a later date, and costs reserved for the husband were discharged.