Jarrott and Jarrott

In *Jarrott and Jarrott*, Cohen J of the Family Court of Australia considered an application by the husband for the interim sale of the former matrimonial home. The wife opposed this application.

The central legal issue before the Court was whether it should order the interim sale of the former matrimonial home pending final resolution of property settlement proceedings. This required the Court to consider the principles governing interim sales in family law matters, particularly in circumstances where the parties were still residing in the property or where its sale was sought before a final determination of their respective entitlements.

Cohen J dismissed the husband's application, indicating that the threshold for ordering an interim sale had not been met. The Court applied the established principles that an interim sale is an exceptional remedy and should not be ordered unless there is a compelling reason to do so, such as the property being unproductive, incurring significant costs, or where it is necessary to preserve assets or prevent dissipation. In this instance, the Court found that the circumstances did not warrant such an intervention before the final property settlement was determined. The Court reserved its orders regarding costs.