Picken and Picken (No. 5)

In the matter of *Picken and Picken (No. 5)*, Young J of the Family Court of Australia was required to determine applications concerning property settlement and the occupation of a particular property. The dispute involved the wife's obligation to vacate the "E property" and the removal of her possessions, as well as the intervenor's compliance with prior court orders relating to a property in Avoca.

The central legal issues before the court were the terms and timing of the wife's departure from the E property, including the distinction between chattels to be removed and fixtures to remain, and the extent to which the intervenor had complied with previous orders concerning the Avoca property. The court also considered the filing of a further affidavit by Mr P on behalf of the intervenor.

Young J ordered that the wife vacate the E property by 11 November 2008, leaving it in a reasonably clean and tidy condition. She was directed to remove all her furniture, chattels, and personal possessions, but to leave all fixtures and fittings within the home. The court also ordered that the intervenor comply with paragraph 6(a) of the orders pronounced on 20 February 2008 as soon as practicable, and for this purpose, the husband was to forthwith deliver the Certificate of Title for the Avoca property to the intervenor. A further hearing was adjourned to 18 November 2008 to address any outstanding applications or enforcement issues.