KERRY & KERRY

In the matter of *Kerry & Kerry*, Bennett J of the Family Court of Australia considered an application by the Wife for an interim injunction seeking the sale of the parties' home prior to the final determination of property interests. The dispute centred on the Wife's desire to sell the property, identified as P Street, and the Husband's occupation of it.

The primary legal issue before the Court was whether it was just and convenient to grant an interim injunction ordering the sale of the matrimonial home. This required the Court to consider its broad powers to grant injunctions to preserve property and the requirement that any such injunction must be "proper," meaning reasonable and just in the circumstances. A secondary issue concerned the potential for costs to be disproportionately high relative to the property to be divided.

Bennett J reasoned that the Court had the power to order the sale of property in family law proceedings where it was just and convenient to do so. The Court found that ordering the sale of P Street was appropriate in the circumstances, likely due to the need to preserve the asset and facilitate a property settlement. The orders detailed a specific process for listing and selling the property, including engaging a selling agent, agreeing on sale preparations and costs, setting a method of sale by auction, and establishing a reserve price. The orders also addressed the mortgage payments, the holding of interests in the property, the encumbrance of the property, the Husband's maintenance obligations, and his sole use and occupation pending sale. Further provisions dealt with the division of deposit monies or borrowing against the property, the division of household contents, and the application of sale proceeds. The Court also made orders regarding the disclosure of financial documents by both parties and vacated a previously scheduled conciliation conference, listing a new one for a later date.