Hejiz and Hejiz

[2017] FamCA 1062

FAMILY COURT OF AUSTRALIA

HEJIZ & HEJIZ [2017] FamCA 1062

FAMILY LAW – PROPERTY – Injunctive relief  – Sole use and occupation of matrimonial home – Relevant considerations – Wife granted sole use and occupation.

Family Law Act 1975 (Cth) s 114

Davis & Davis (1976) FLC 90-062
Davis & Davis (1983) FLC 91-319
Marvel & Marvel(No. 2) [2010] FamCAFC 101
P & P (Unreported, Family Court of Australia, Lindenmayer J, 12 July 1982)
Sieling v Sieling (1979) FLC 90-627

APPLICANT: Ms Hejiz

RESPONDENT: Mr Hejiz

FILE NUMBER: PAC 4581 of 2017

DATE DELIVERED: 20 December 2017

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 11 December 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Stenhouse

SOLICITOR FOR THE APPLICANT: Regency Lawyers

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: Mr Kalouche of CK Lawyers

Orders

1. That the husband shall vacate the former matrimonial home at 1 B Street, Suburb C, NSW by no later than 5.00 pm on Sunday, 31 December 2017 and that thereafter the wife shall have sole use and occupation of that property pending further order provided always that the wife pay as they fall due and payable property outgoings including council rates, water rates and insurances.

2. That the husband is restrained when vacating the former matrimonial home at 1 B Street, Suburb C, NSW from removing any items of furniture, furnishings and personalty therein save for his clothing, personal effects and work equipment including any stock and tools of trade without the written consent in writing of the wife with such writing to include SMS or email communication.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hejiz & Hejiz has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 4581  of 2017

Ms Hejiz

Applicant

And

Mr Hejiz

Respondent

REASONS FOR JUDGMENT

1. The application for determination is the wife’s application for an order that she have sole use and occupation of the former matrimonial home at 1 B Street, Suburb C.

2. The wife filed an Initiating Application seeking orders as to property adjustment and spousal maintenance on 12 September 2017 that, in summary, provide that:

   a)the husband transfer to her his interest in the former matrimonial home at 1 B Street, Suburb C;

   b)the wife transfer to the husband her interest in the parties’ investment property at 2 B Street, Suburb C;

   c)the husband pay by way of periodic spouse maintenance the sum of $500.00 per week to the wife for a…