Riley and Massalski

In *Riley and Massalski*, heard by McClelland J, the dispute concerned orders relating to a property at F Street, Suburb G, specifically Unit 2. The orders made on 11 March 2016, and further elaborated upon in the present judgment, dealt with the occupation and management of the property pending its subdivision and rental.

The court was required to determine the specific actions to be taken by the parties to facilitate the rental of Unit 2, including the respondent vacating the premises and removing her belongings, and ensuring access to the garage. Further issues addressed included the sharing of maintenance costs for both units and the payment of council rates pending subdivision. The court also considered the filing of further applications and the costs associated with the hearing.

McClelland J ordered that the respondent, Ms Massalski, was to vacate Unit 2 and remove all her belongings within 14 days. The respondent was also directed to restore power to the garage door motor and remove a lock and chain from the rear gate to enable the applicant access to the garage. Pending Unit 2 being rented out, the parties were to share maintenance costs for both units equally. Furthermore, until the property was subdivided, the parties were to pay council rates equally on or before their due dates. The court also stipulated that no further applications were to be filed without leave or prior to a conciliation conference. The respondent was ordered to pay the costs of the application on a party/party basis, to be finalised upon the conclusion of the property proceedings.