Merritt and Phillips

In *Merritt and Phillips*, Foster J of the Family Court of Australia was required to determine applications concerning the occupation of the former matrimonial home and the removal of its contents. The dispute arose between Ms Merritt and Mr Phillips, who were parties to proceedings in the Family Court.

The primary legal issues before the Court were whether the husband should be excluded from the former matrimonial home, and if so, on what terms. The Court also considered the husband's entitlement to remove items of furniture, furnishings, and personalty from the property, and whether any restraining orders should be made regarding the husband's proximity to the home.

Foster J ordered that the husband vacate the former matrimonial home within seven days, granting the wife sole use and occupation thereafter, subject to her meeting mortgage payments and property outgoings. The husband was restrained from removing any items from the home, save for his clothing and personal effects, without the wife's written consent. Furthermore, the husband was restrained from attending within 100 metres of the property without the wife's written consent. The Court reserved judgment on costs, to be determined by written submissions.