GENESALIO & GENESALIO

In the matter of *Genesalio & Genesalio*, His Honour Judge Wilson of the Family Court of Australia considered an application by the wife for sole use and occupation of the former matrimonial home, following allegations of family violence against the husband. The husband had access to another vacant property in which he held an unencumbered interest.

The court was required to determine whether to grant the wife sole use and occupation of the former matrimonial home pending the final resolution of the proceedings, and to address the husband's alleged family violence. The court also needed to manage the progression of the case towards a final hearing, including the filing of necessary documents by both parties.

His Honour Judge Wilson applied section 114 of the *Family Law Act 1975* (Cth) to grant the wife the sole right to use and occupy the former matrimonial home and restrained the husband from entering the premises. The court struck out an affidavit sworn by the husband, deeming it inadmissible. To expedite the final resolution, the court set strict timelines for the parties to file and serve their respective final orders, evidence in chief, and any supporting affidavits, as well as a joint case summary. A further directions hearing was scheduled to consider mediation and the listing of the final hearing.