GARLAND & GARLAND

[2012] FamCA 616

FAMILY COURT OF AUSTRALIA

GARLAND & GARLAND [2012] FamCA 616

FAMILY LAW – INJUNCTIONS – Orders that the wife be restrained from being on the property when it is open for inspection

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings – Where the wife was not present at Court - Orders stayed until seven days after being served upon the wife so that she can approach the Court if she wishes to be heard

APPLICANT: Mr Garland

RESPONDENT: Ms Garland

FILE NUMBER: SYC 3964 of 2011

DATE DELIVERED: 13 July 2012

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 13 July 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Andrew A Torok Solicitor

SOLICITOR FOR THE RESPONDENT: No Appearance

Orders

IT IS ORDERED

1. That the wife be restrained from entering or being on Property C …, from 10.30 am to 2.30 pm on 28 July 2012, 4 August 2012, 11 August 2012 and each Saturday thereafter up to the date of the sale of the said property.

2. That upon contracts being exchanged for the sale of the property, or the sale of the property by auction, the husband shall cause the wife to be advised of the expected date of settlement and the wife shall vacate the property and not less than 2 weeks prior to the expected date of settlement.

3. That order 1 of the orders made on 1 May 2012 be amended by substituting the following order:

   1.   That the husband at his discretion appoint a real estate agent of his choice to act as agent for the sale of the property by private treaty or public auction.

4. That these orders be personally served upon the wife.

5. That the operation of these orders be stayed until seven days after the wife has been personally served.

6. That the wife have liberty to apply in relation to these orders by arrangement with the Associate to the Honourable Justice Rees on seven days notice.

7. That the husband’s costs be reserved.

8. That the matter be adjourned for mention before the Honourable Justice Rees at 10.00 am on 28 September 2012.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Garland & Garland has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3694 of 2011

Mr Garland

Applicant

And

Ms Garland

Respondent

REASONS FOR JUDGMENT

1. In the matter of Garland & Garland, there are proceedings before the Court in relation to property settlement, and specifically in relation to Property C.  The evidence before the Court is that the wife has taken no part in the proceedings for property settlement, and orders have previously been made giving the husband the authority to market the property.  I am satisfied that the wife has actively obstructed the marketing of the property, and, in particular, has acted in a manner which was hostile towards prospective purchasers and prevented them from inspecting the property.

2. I am satisfied that it is appropriate for the wife to be restrained from being on the property on those occasions when the property is open for inspection, and I propose to make orders to effect that position.  Because the wife is not present in court today, the orders which I make will be stayed so that the wife can be served with a sealed copy of the orders and have the right to approach the Court if she wishes to be heard.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Rees delivered on 13 July 2012.

Associate: 

Date:  1 August 2012