Mayes & Brogan

In *Mayes & Brogan*, the applicant sought an interim property distribution order from the respondent to enable the completion of a contract to purchase real property. The applicant had entered into a contract to purchase the "C Town properties" but lacked the necessary funds to finalise the transaction. The matter came before Carew J in the Family Court of Australia.

The primary legal issues before the court were whether there was a principled reason to make an interim property order in these circumstances and whether it was just and equitable to do so. The court was required to consider the nature of the property interests and the appropriate orders to facilitate the settlement while protecting the respondent's position.

Carew J found that it was just and equitable to make an order altering the property interests on an interim basis. The court reasoned that the respondent should pay the sum required to facilitate the settlement of the applicant's purchase of the C Town properties. To protect the respondent's interests, the applicant was restrained from encumbering or dealing with the properties without the respondent's prior written consent or a further court order. The orders also included provisions for the applicant to seek an extension of the settlement date and for the respondent to provide information regarding access to the settlement funds.