Oberon & Aquila (No 2)

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Oberon & Aquila (No 2) [2025] FedCFamC2F 400

File number(s):

SYC 7367 of 2022

Judgment of:

JUDGE COLQUHOUN

Date of judgment:

28 March 2025

Catchwords:

FAMILY LAW – PROPERTY – where the parties are in dispute of the interpretation of a final order – where there is evidence of family violence – where the wife requires access to the property for the purposes of arranging work to be carried out in order to sell the property – where the order should be varied to reflect the intention of the Court

Legislation:

Family Law Act 1975 (Cth) s 68B

Federal Circuit Court and Family Law Rules 2021 (Cth) r 10.13(1)(e)

Cases cited:

Oberon & Aquila [2025] FedCFamC2F 105

Pawley & Pawley (No 2) [2017] FamCAFC 136

Division:

Division 2 Family Law

Number of paragraphs:

24

Date of last submission/s:

13 March 2025

Date of hearing:

In Chambers – determined on the papers

Place:

Sydney

Solicitor for the Applicant:

Ms Malic of Southern Waters Legal

For the Respondent:

Litigant in person

ORDERS

SYC 7367 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS OBERON

Applicant

AND:

MR AQUILA

Respondent

ORDER MADE BY:	JUDGE COLQUHOUN
DATE OF ORDER:	28 MARCH 2025

THE COURT ORDERS THAT:

1.Order 5 of the Orders dated 7 February 2025, pursuant to r 10.13(1)(e) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), be varied by inserting the following additional words before the full stop:

and, for the purposes of this Order, the husband shall vacate the Suburb C property, including removal of all belongings he wishes to retain, by 5pm on 11 April 2025.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE COLQUHOUN:

1. On 7 February 2024 I delivered reasons for judgment and made orders for the disposition of property adjustment proceedings between the applicant wife, Ms Oberon (“the wife”), and the respondent husband, Mr Aquila (“the husband”): Oberon & Aquila [2025] FedCFamC2F 105 (“the Primary Judgment”).

2. The parties are now in dispute about the interpretation of Order 5 of those orders:

   The Trustee is empowered to take possession of the [Suburb C] property and require…