GOGGIN & WILEY

In this matter before Tree J, the husband and wife both sought sole use and occupation of the former matrimonial home, and exclusive control over building works on an adjacent jointly owned property. The husband also sought to make partial property settlements and pay interim spousal maintenance, while the wife sought lump sum payment for her legal costs as part of a partial property settlement. The court considered the interplay between these applications, noting that the husband's bail conditions impacted the ability of either party to reside in the former matrimonial home and control the building works.

The primary legal issues before the court were the interim arrangements for the former matrimonial home and the adjacent property, the terms of any partial property settlement, and the quantum of interim spousal maintenance. The court was required to balance the competing claims for possession and control, taking into account the husband's financial contributions to both properties and the likelihood of the wife retaining the new property in the final property division.

The court reasoned that the husband should have sole occupation of the former matrimonial home and exclusive control of the building works, subject to his bail conditions being varied to permit him to reside there. The wife was ordered to vacate the premises and was restrained from entering. The joint owner-builder permit was to be surrendered, and the husband was to appoint a manager and a registered builder to oversee the completion of the construction, with regular reports to be provided to the wife's lawyers. The wife was restrained from contacting the appointed manager directly. The husband was to be the sole signatory for payments related to the build.

In terms of financial orders, the husband was ordered to pay the wife $100,000 by way of partial property settlement and $10,000 as a lump sum for relocation expenses by way of interim spousal maintenance. Additionally, the husband was to pay $750 per week towards the wife's rental costs and $1,250 per week by way of interim spousal maintenance, commencing from the date the wife obtained rental accommodation. The husband was also ordered to continue meeting all construction costs, mortgage repayments, and outgoings for both properties. The parties were also ordered to provide extensive disclosure and to jointly appoint court experts to value various assets, including real property, an interest in a company, and furniture and effects. Following the receipt of valuations, the parties were to convene mediation.