Spears & Caro

In the matter of *Spears & Caro*, heard by Gill J, the dispute concerned interim property proceedings between the applicant husband, Mr Spears, and the respondent wife, Ms Caro. The husband sought sole occupation of two properties, one at C Street, Suburb D, and another at F Street, G Town, NSW.

The central legal issues before the Court were the interaction between section 114AB and Division 11 of the *Family Law Act 1975* (Cth), and the interplay between injunctions granted under the Family Law Act and family violence proceedings in State and Territory courts. Specifically, the Court had to determine whether the husband's consent to a family violence order under State or Territory legislation precluded him from instituting proceedings for sole occupation under the Family Law Act, and whether the Family Law Act excluded the right to institute such proceedings in circumstances where a party had consented to a family violence order.

Gill J reasoned that section 114AB of the Family Law Act operated to prevent the husband from instituting proceedings for sole occupation of the properties. This conclusion was based on the statutory interpretation of section 114AB, which the Court found applied to the husband's applications. Consequently, the husband's applications for sole occupancy were struck out and dismissed. However, to facilitate the sale of certain vehicles and helicopters, the Court amended a previous order. This amended order permitted the husband to attend the Suburb D property, subject to written agreement with the wife, even if she remained in occupation, for the purpose of progressing the sale of these assets.