Niklaus and Niklaus

In *Niklaus and Niklaus*, heard before Macmillan J of the Family Court of Australia, the wife sought orders concerning a property, including the withdrawal of a caveat lodged by the husband, an injunction restraining the husband from attending the property, and directions regarding the investment of sale proceeds. The wife also sought orders for the husband to file specific documents and for the adjournment of her initiating application.

The court was required to determine whether to grant the wife's application for the husband to withdraw his caveat over the property and to grant an injunction preventing the husband from attending or interfering with the property. Further issues included how the net proceeds of the property sale should be managed and when the husband should file his response and financial statements in the proceedings.

Macmillan J ordered the husband to take all necessary steps to provide a signed withdrawal of his caveat to the wife's solicitor by a specified date. In default, a Registrar was appointed to execute the withdrawal. The husband was also restrained by injunction from entering, remaining on, or approaching the property, and from damaging or decreasing the value of the property or items located on it. The court further ordered that upon settlement of the sale, the net proceeds be invested in a trust account by Kliger Partners, to be released only by written consent of both parties or by court order. The husband was also directed to file and serve a response to the initiating application, a financial statement, and an affidavit by a specified date. The wife's initiating application was adjourned for hearing in the Registrar's Directions List, with costs reserved for both parties.