Hawkins and Hawkins (No. 2)

This matter concerned orders made by Kent J in the Family Court of Australia regarding property and spousal maintenance between a husband and wife. The central dispute revolved around the matrimonial home, the B Street property, and the financial arrangements concerning its occupation and potential sale.

The court was required to determine a series of issues relating to the interim occupation of the B Street property, including the husband's obligation to vacate, the wife's sole use and occupation thereafter, and the responsibility for mortgage repayments. Further issues included the process for the sale of the property by private treaty or public auction if the wife failed to meet her mortgage obligations, the valuation of furniture and chattels within the property, and the disclosure of documents by both parties. The court also addressed interim spousal maintenance and the parties' legal costs.

Kent J ordered that the husband must pay any outstanding mortgage repayments for the B Street property and vacate the premises by 10 January 2015, remaining responsible for mortgage payments up to that date. From 11 January 2015, the wife was granted sole use and occupation, conditional on her maintaining mortgage repayments. The orders stipulated detailed procedures for the sale of the property by private treaty or auction should the wife default on her mortgage obligations, including agent selection and cooperation requirements. The court also ordered the husband to permit inspections for the wife to secure a tenancy, and specified which furniture and chattels were to remain at the property. Provisions were made for expert valuations of chattels and for the disclosure of financial documents related to legal fees and mortgage payments. Finally, interim spousal maintenance of $500 per week was ordered for the wife from 11 January 2015, and certain applications were dismissed or adjourned.