Hejiz and Hejiz

In the matter of *Hejiz and Hejiz*, Foster J of the Federal Circuit Court of Australia considered a dispute between a husband and wife concerning their former matrimonial home. The wife sought orders for sole use and occupation of the property, and for the husband to vacate.

The primary legal issues before the court were whether to grant the wife sole use and occupation of the former matrimonial home, and whether to impose restrictions on the husband regarding the removal of items from the property upon vacating.

Foster J ordered that the husband vacate the former matrimonial home by a specified date and time, granting the wife sole use and occupation thereafter, subject to her responsibility for property outgoings. Crucially, the court also restrained the husband from removing any furniture, furnishings, or personalty from the home when vacating, save for his clothing, personal effects, and work equipment, unless he obtained the wife's written consent.