Khalif and Khalif and Anor

In the matter of *Khalif and Khalif and Anor*, Watts J of the Federal Circuit Court of Australia made orders on an undefended basis, as the first and second respondents did not appear. The applicant wife sought and was granted unrestricted access to a property at C Street, Suburb D, New South Wales, to remove her belongings and those of the children of the marriage, to the exclusion of the respondents and their agents. The respondents were also restrained from dealing with these specified belongings.

The court was required to determine the immediate arrangements for the wife to collect her and the children's personal property from the disputed residence. Furthermore, the court needed to establish directions for a future hearing concerning the wife's assertion of beneficial ownership of the property at C Street, Suburb D, jointly with the first respondent. The court also considered the implications of the first respondent's bankruptcy and the need to obtain relevant financial documents pertaining to the property's mortgage and payments between the parties.

Watts J reserved his reasons for the orders granting the wife access to the property and restraining the respondents from dealing with the belongings. The court indicated its intention to list the matter for a one-day hearing to address the beneficial ownership dispute. Directions were made for the service of the orders, including on the first respondent's trustee in bankruptcy. The court also foreshadowed considering outstanding parenting applications and potentially bifurcating claims brought under accrued jurisdiction. Additionally, the court would entertain an application for an anti-suit injunction regarding separate proceedings commenced by the second respondent in the District Court. The wife's costs of the hearing were reserved.