Nest and Nest (No 2)

In the matter of Nest and Nest (No 2), Berman J of the Federal Circuit Court of Australia was required to determine orders concerning the division of property and the management of stored belongings between a husband and wife. The dispute centred on the practical arrangements for separating the parties' assets and ensuring access to personal effects following their separation.

The court was tasked with making orders regarding the removal and storage of the husband's property, the release of funds from a conveyancer's trust account, and the ultimate disposition of any remaining belongings. Key issues included the timeframe for the husband to collect his property, the wife's obligations and entitlements concerning storage costs, and the distribution of remaining trust monies.

Berman J ordered that the wife arrange for the husband's property to be stored at a self-storage facility within seven days, with the husband to be granted unfettered access. The wife was directed to continue renting the storage units for six weeks from 29 March 2015, and was authorised to receive $6,986 from a conveyancer's trust account. Provisions were made for the husband to collect his property within a specified period, with the wife having the option to transfer the rental obligation to the husband or arrange for the property's delivery to his specified address if not collected. The husband was ordered to indemnify the wife for storage costs, and a vintage motor vehicle and trailer were to be delivered to the storage facility at the wife's expense. The court also ordered the distribution of remaining funds from the conveyancer's trust account, with $1,100 to be retained by the husband regardless of whether he removed his property within the specified time. The application in a case was dismissed.