Hathaway and Hathaway

In *Hathaway and Hathaway*, Bennett J considered applications made by the respondent husband and the wife in proceedings concerning property settlement. The wife sought sole occupation of the matrimonial home, while the husband sought interim and procedural orders.

The primary legal issue before the Court was whether to grant the wife sole occupation of the real property at B Street, Suburb C, and to restrain the husband from entering the property. The Court also addressed various procedural matters, including the timing of the final hearing, disclosure obligations, the process for handling documents produced under subpoena, and the appointment of single expert witnesses for property and business valuations.

Bennett J ordered that the wife have sole occupation of the matrimonial home and restrained the husband from entering the property without her written consent. The Court dismissed paragraph 2 of the husband's interim and procedural orders and otherwise dismissed extant interim applications. The matter was tentatively fixed for final hearing on 12 December 2016, with a preliminary hearing scheduled for 24 August 2016. Directions were given regarding undertakings as to disclosure, the inspection of documents produced under subpoena, and the process for appointing single expert witnesses if the parties could not agree.