Modina & Stockton

In the matter of Modina & Stockton, heard before Young J, Ms Modina, the applicant, sought orders against Mr Stockton, the respondent. The dispute concerned the occupation of a property located at B Street, Suburb C, and the procedural steps required for the progression of the case.

The court was required to determine whether to grant the applicant sole occupancy of the property and to issue an injunction restraining the respondent from attending the property. Further, the court needed to establish a timetable for the respondent to file and serve necessary documents, including a Response, affidavit in support, and financial statement, and to set out the requirements for mutual discovery and the preparation of a joint statement of assets and liabilities. The court also had to make directions regarding the obtaining of valuations for disputed assets and the procedure for superannuation splitting orders.

Young J ordered that the applicant have sole occupancy of the B Street, Suburb C property, requiring the respondent to vacate within 14 days, leave the property in a clean and tidy condition, and inform the applicant of the vacating time and date via SMS. The respondent was also restrained from attending the property and ordered to leave all gardening and house maintenance equipment. The court set deadlines for the respondent to file and serve his Response, affidavit, and financial statement, and for both parties to provide mutual informal discovery and prepare a draft joint statement of assets and liabilities. Directions were also made for obtaining joint valuations of disputed assets and for the service of proposed superannuation splitting orders on trustees. The matter was adjourned for further directions.