SOLOVIEV & MASUR

The parties in this matter were husband and wife, and the dispute concerned interim arrangements for property and spousal maintenance pending final resolution of their family law proceedings. The wife sought the husband's vacating of a property solely registered in her name, alleging it was unkempt and damaged, while the husband sought to remain in occupation and sought a higher interim payment than proposed by the wife. The wife also sought to make a conditional payment to the husband, which could be characterised as either a partial property settlement or spousal maintenance.

The court was required to determine whether to grant the wife's application for sole use and occupation of the C Town property, and whether to make orders for interim property settlement and spousal maintenance. Specifically, the court considered the husband's needs and ability to support himself, and the wife's capacity to meet any spousal maintenance order, in light of the proposed lump sum payment. The court also had to consider the application of section 79 of the *Family Law Act 1975* (Cth) in the context of an interim property distribution.

Berman J reasoned that it was just and convenient to make orders for the husband to vacate the C Town property within 28 days, and granted an injunction restraining him from devaluing or damaging the property. The court also ordered the husband to arrange for the removal of his chattels from another property within 14 days, with provisions for the wife to dispose of any remaining items. A payment of $25,000 was ordered to be made to the husband, structured in stages, to be applied as either partial property settlement or spousal maintenance. The court also ordered that in default of the husband vacating the C Town property, he would pay $200 per week to the wife. Further injunctions were granted restraining the husband from interfering with the C Town property, undertaking work on it, approaching the wife or her nominees, and communicating with the wife.