GARLAND & GARLAND

In the Family Court of Australia, Justice Rees considered an application by the husband, Mr. Garland, for orders restraining his wife, Mrs. Garland, from being on a property during its inspection times and for other related orders concerning the sale of the property. The dispute centred on the practicalities of selling the former matrimonial home while the wife remained in occupation.

The primary legal issues before the court were whether to grant an injunction restraining the wife from being on the property during scheduled open for inspection times, and whether to make orders facilitating the sale of the property, including the husband's discretion in appointing a real estate agent. The court also had to consider the procedural fairness to the wife, particularly given her absence from the hearing.

Justice Rees reasoned that it was appropriate to grant the injunction to allow for effective marketing and sale of the property, acknowledging the husband's need to present the property to prospective buyers. The court also allowed the husband to appoint a real estate agent at his discretion. Crucially, however, the court recognised that the wife had not been present at the hearing and therefore ordered that the operation of these orders be stayed for seven days after personal service upon her. This stay was intended to provide the wife with an opportunity to attend court and present any objections or arguments she might have regarding the orders. The court also made provision for the wife to vacate the property upon exchange of contracts or sale, with notice to be given by the husband.