Salim and Hakim (No. 2)

In *Salim and Hakim (No. 2)*, Foster J of the Federal Circuit and Family Court of Australia considered applications by the wife (Ms Salim) against the husband (Mr Hakim) and a tenant (Ms Noor). The wife sought interim spousal maintenance, interim property orders, and the setting aside of a lease transaction concerning the former matrimonial home. The husband had leased the matrimonial home to the second respondent, Ms Noor, despite being aware of the wife's application for sole use and occupation of the property.

The court was required to determine several legal issues. These included whether the wife was entitled to interim spousal maintenance, the appropriate interim property orders to be made, and whether the lease transaction entered into by the husband with the second respondent should be set aside pursuant to section 106B of the *Family Law Act 1975* (Cth). The court also considered the wife's application for sole use and occupation of the former matrimonial home and the husband's obligations regarding property outgoings and the return of personal effects.

Foster J dismissed the wife's application for periodic spousal maintenance. However, the court ordered the husband to pay the wife $100,000, with the categorisation of this sum to be determined at the final hearing. Crucially, the court set aside the lease of the matrimonial home to the second respondent under section 106B of the Act, ordering Ms Noor to vacate the premises within 21 days. The court granted liberty to apply for a Writ of Possession. The husband was ordered to indemnify the second respondent for her relocation and removal expenses. The wife was granted sole use and occupation of the former matrimonial home from 21 days from the date of the order, with the husband restrained from interfering with her peaceful enjoyment of the property. The husband was also ordered to pay property outgoings and ensure the return of the wife's and children's personal effects to the home. An application for the appointment of a receiver was stood over with liberty to relist.