Marsh and Marsh (No 2)

In the matter of *Marsh and Marsh (No 2)*, Aldridge J of the Federal Circuit Court of Australia made orders concerning the exclusive occupation of a property and related matters between Mr Marsh and Ms Marsh. The dispute centred on Ms Marsh's continued occupation of the property at Z Street, Suburb C, and her conduct in relation to its potential sale.

The court was required to determine whether to vacate the existing order granting Ms Marsh exclusive occupation of the Z Street property, and if so, to make consequential orders for her removal from the premises. Further issues included restraining Ms Marsh from entering the property or coming within a specified distance of it, and preventing her from contacting prospective purchasers or publishing information that could affect the property's saleability. The court also considered the disposition of Ms Marsh's belongings from the property and the discharge of an interim spousal maintenance order upon the exchange of contracts for the sale of the property.

Aldridge J reasoned that the circumstances warranted vacating the prior order for exclusive occupation. The court ordered Ms Marsh to vacate the property and authorised the Australian Federal Police, assisted by the New South Wales Police, to remove her if necessary. Ms Marsh was subsequently restrained from entering the property or coming within 500 metres of it, and from contacting potential purchasers or publishing detrimental information about the property. Mr Marsh was directed to arrange for the removal and storage of Ms Marsh's belongings for three months, with the combination to the storage unit to be provided to her. After this period, Ms Marsh was to bear the costs of storage and removal. The court also ordered that upon the exchange of contracts for the sale of the Z Street property, the interim order for spousal maintenance would be discharged.