SALAH & SOLH (No.2)

This matter concerned an application by the wife, Ms Salah, against the husband, Mr Solh, concerning property orders made on 11 September 2014. The wife alleged that the husband had contravened the previous orders by twice refusing representatives from her bank access to the former matrimonial home. This refusal, she contended, prevented her from obtaining a valuation necessary to make an informed election within 30 days as to whether the home should be transferred to her, followed by a payment to the husband within 60 days.

The court was required to determine whether the husband's actions constituted a contravention of the prior orders, specifically order 2, which related to the wife's election process. The court also had to consider the issue of service of the application on the husband, who had not been personally served.

Judge Jones found that the husband's denial of access to the property by the bank representatives had indeed precluded the wife from making a reasonable and informed decision regarding her election. The court characterised this as an issue concerning the "machinery provisions" of the orders, rather than a substantive change. Despite the husband's claim of non-service, the court was satisfied, based on the wife's affidavit and the history of the matter, that attempts at service were thwarted by the husband's actions or absence, and that the failure to serve was not the wife's fault. The court noted the husband had unilaterally deposited $16,500 into the wife's bank account, which would have been the sum payable had the wife elected not to take the home.

Interim orders were made, including that the tenants permit a valuer access to the property, that $16,500 be held in trust, and that the husband pay the wife's costs thrown away. The court also permitted substituted service of the orders on the husband by ordinary post and email, and adjourned the proceeding to a Duty List on 13 April 2015. Publication of the judgment under the pseudonym Salah & Solh (No.2) was approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).