Lukacs and Lukacs

In *Lukacs and Lukacs*, Rees J of the Supreme Court of New South Wales made orders concerning the parties' property and their living arrangements pending further court determination. The dispute involved a wife seeking exclusive occupation of the parties' Suburb B Apartment and injunctions restraining the husband from attending the property and its vicinity. The wife also sought orders regarding the management and distribution of income from other properties and a self-managed superannuation fund.

The court was required to determine the appropriate interim orders concerning the parties' matrimonial home, the management of jointly held investment properties, and the distribution of funds from a self-managed superannuation fund. Specifically, the court had to consider whether to grant the wife exclusive use of the Suburb B Apartment and whether to impose injunctions on the husband's access to that property. Furthermore, the court needed to decide how rental income from other properties and distributions from the superannuation fund should be managed and applied pending final resolution of the property settlement.

Rees J applied principles relating to interim property orders in family law proceedings, considering the need to preserve assets and ensure the safety and well-being of the parties. The court ordered that the wife have exclusive use and occupation of the Suburb B Apartment and restrained the husband from entering the apartment, the building, and a specified radius around it. The court also ordered that rental income from the L Street property and distributions from F Pty Ltd / K Pty Ltd be paid into a joint account, with specific directions for meeting mortgage repayments and outgoings on the Suburb B Apartment, followed by equal division of the balance. Regarding the superannuation fund, the court allowed each party to withdraw the minimum allowable amount annually. Finally, the court ordered that the husband's personal belongings be packed by the wife and collected by the husband via a commercial carrier.