Holden and Dunlop

In the matter of Holden and Dunlop, heard by Judge Willis of the Federal Circuit Court of Australia, the applicant sought orders for sole occupancy of the former matrimonial home. The dispute concerned the immediate living arrangements for the parties pending the finalisation of their property application.

The court was required to determine whether to grant the applicant exclusive possession of the former matrimonial home and, consequently, the financial responsibilities associated with that property. The court also needed to establish a timeframe for the respondent to vacate the premises.

Judge Willis ordered that the applicant be granted sole occupancy of the former matrimonial home, excluding the respondent, until the property application was finalised. Upon assuming sole occupancy, the applicant was to be solely responsible for mortgage payments, council and water rates, and utilities. The respondent was ordered to vacate the property by 24 October 2016. The matter was listed for a mention on 15 December 2016, with the court noting the parties' attendance at a Financial Conference on 10 November 2016. Leave was granted for the solicitors for both parties to appear by telephone at the next mention date, subject to prior confirmation with the Registry.