LENSKI & LENSKI

In the matter of *Lenski & Lenski*, Hogan J of the Family Court of Australia considered an application by the parties jointly seeking the expedition of the final hearing of their proceedings. The wife also sought sole use and occupancy of the matrimonial home.

The court was required to determine whether to grant the application for expedition of the final hearing and whether to grant the wife sole use and occupancy of the matrimonial home. The legal issues arose in the context of parties living separated under one roof, owning the property as tenants in common, and both seeking to retain the property as part of their final property settlement.

Hogan J granted the oral application for expedition, listing the matter for a two-day final hearing commencing on 11 December 2017. However, the wife's interim application for sole use and occupancy of the matrimonial home was dismissed. The court reasoned that the wife's application for sole use and occupancy was not appropriate given the parties' continued cohabitation under one roof and their respective claims to the property in the final settlement. The costs of the appearance were reserved, and the matter was listed for a pre-trial mention.