SIANG & FARINA

In the matter of SIANG & FARINA, Foster J of the Federal Circuit Court of Australia made orders concerning the occupation of a home and the disposition of its contents. The dispute involved a husband and wife, with the wife seeking orders for her exclusive use and occupation of the matrimonial home and the husband being restrained from removing certain items.

The court was required to determine whether to grant interim orders for the wife's sole use and occupation of the home, and to restrain the husband from removing specific items of furniture and contents. Additionally, the court considered whether an injunction should be granted to prevent the husband from approaching or entering the property, and whether such an injunction should carry a power of arrest. The wife also sought to restrain the husband from dealing with the mortgage secured on the property.

Foster J reasoned that the orders were necessary for the personal protection of the wife, particularly in light of the injunction granted. The court applied the principles governing interim family law injunctions, balancing the need for protection with the rights of the parties. The orders made included the husband vacating the home by a specified date, being restrained from removing most items of furniture and contents except for his personal effects and business-related items, and having sole use and occupation of the home granted to the wife. The husband was also enjoined from approaching or entering the property, with this injunction carrying a power of arrest pursuant to section 114AA of the *Family Law Act 1975*. By consent, the wife was restrained from drawing down on the mortgage or dealing with the property.