Sebastian and Sebastian

In *Sebastian & Sebastian* [2011] FamCA 821, the Family Court of Australia considered an urgent application by the wife for sole use and occupation of the former matrimonial home, and an application by the husband seeking an order for the wife to sign a deed of indemnity and for building, contents, and public liability insurance to be obtained for the home. The wife had been residing in the home post-separation, which was solely owned by the husband. The property had sustained damage from storms and had been uninsured since August 2011.

The court was required to determine whether to grant the wife sole use and occupation of the former matrimonial home, and how to address the necessary repairs and insurance for the property, given its uninsured status and damage. Additionally, the court needed to consider the husband's request for the wife to sign a deed of indemnity and the appropriate allocation of costs for any orders made.

Justice Young reasoned that the wife should continue to have sole use and occupation of the former matrimonial home to maintain a reasonable lifestyle and quiet enjoyment, as it was not suggested she should vacate pending the property proceedings. The court ordered that the husband, on behalf of both parties, must arrange for necessary repairs to the home based on an updated quotation, with the costs to be shared equally. Furthermore, the husband was directed to obtain structural, contents, and public liability insurance for the property, with the premiums also to be shared equally. The court declined to order the wife to sign the deed of indemnity, noting that issues of contribution to the property would be dealt with in the main property proceedings. The court also ordered that both parties cooperate with any insurance assessors or tradespersons.