Kerrigan and Nott (No.2)

In *Kerrigan and Nott (No.2)*, Judge Riley of the Federal Circuit Court of Australia was required to determine the appropriate orders concerning the former matrimonial home following an application by the husband, Mr Kerrigan, for enforcement of previous orders. The dispute centred on the wife, Ms Nott's, continued occupation of the property and the husband's sole power to sell it.

The court was asked to consider whether a warrant of possession should issue to evict the wife from the former matrimonial home, and whether the husband should have the sole power to effect its sale. The court also had to determine the wife's liability for the husband's costs associated with the enforcement application.

Judge Riley ordered that a warrant of possession issue, directing Victoria Police or another enforcement officer to evict the wife from the property within seven days, with or without force, and to remove her without further reference to her. The husband was granted the sole power to effect the sale of the former matrimonial home. Existing orders from 12 April 2017 were to remain in full force. The wife was ordered to pay the husband's costs of the enforcement application, fixed at $4,595.75, to be paid from her share of the proceeds of the sale of the property.