QUELL & KIRBY

In the matter of Quell & Kirby, the husband sought an interim order for the sale of a property held solely in the wife's name and a partial property distribution of $750,000 from the proceeds. The wife opposed this application, seeking its dismissal and costs, noting that the property in question was her sole source of income. The husband, who was unemployed and suffered from health issues, pursued this interim relief.

The court was required to determine whether to grant the husband's interim application for the sale of the property and a partial property distribution, and if so, in what amount. The court also considered the wife's opposition to these orders and her request for the husband's application to be dismissed.

Judge Harper found it appropriate to make an interim property distribution to the husband, but not to order the sale of the property. The court applied the principles under section 79 of the *Family Law Act 1975* (Cth), which confers power to alter property interests where it is just and equitable to do so, taking into account various financial and non-financial contributions, the effect of proposed orders on earning capacity, and other relevant matters. The court also considered its power under section 79(6) to make interim orders when adjourning proceedings due to a likely significant change in financial circumstances.

The court ordered the respondent wife to pay the applicant husband the sum of $65,000 by 1 March 2019. The husband's Application in a Case filed on 2 May 2018 was otherwise dismissed. All extant applications were adjourned, and the court noted the proceedings appeared suitable for referral to arbitration. Any application for costs was to be made within 28 days, otherwise, no order as to costs would be made.