Gillim & Gillim

In the matter of *Gillim & Gillim*, Foster J considered applications for interim property orders and injunctions concerning the former matrimonial home and an investment property. The dispute involved the husband and wife's respective rights and obligations regarding these assets pending final resolution of their property settlement.

The court was required to determine the principles applicable to interim property orders, specifically whether it was appropriate to order the sale of an investment property and the discharge of associated mortgages, with the remaining proceeds to be held pending further order. Additionally, the court had to consider the principles governing injunctions for the sole use and occupation of the former matrimonial home.

Foster J reasoned that it was appropriate to grant the wife sole use and occupation of the former matrimonial home and to order the sale of the investment property. The proceeds of the sale were to be applied first to sale expenses, then to discharge mortgages on both properties, followed by council and water rates for the former matrimonial home, with any balance to be held in a controlled monies account. The court also made orders regarding the sale process of the investment property, including the nomination of agents and solicitors, and the husband's responsibility for maintaining the former matrimonial home.