Terzi and Terzi (No 2)

In *Terzi and Terzi (No 2)*, Foster J of the Federal Circuit Court of Australia considered an application by the wife for orders relating to the sale of a property and the husband's conduct concerning that sale. The dispute arose in the context of proceedings between the parties, and the wife sought to enforce previous orders made on 31 May 2019 concerning the property.

The court was required to determine whether to appoint the wife as trustee for sale of the property, grant her exclusive occupation pending sale, restrain the husband from interfering with the sale process, and order the husband to pay the wife's costs of the application.

Foster J reasoned that it was appropriate to appoint the wife as trustee for sale to facilitate the disposal of the property in accordance with the prior orders. The court also granted the wife exclusive occupation of the property until its sale. To ensure the sale could proceed unhindered, the husband was restrained from entering, occupying, or remaining on the property, from attending within 100 metres of it, from impeding the sale in any way, and from communicating with any appointed real estate agent regarding the sale.

Consequently, the court ordered that the wife be appointed trustee for sale of the property, vested with the property for that purpose. The husband was restrained from various actions concerning the property and the sale process, and the wife was granted exclusive occupation. The husband was also ordered to pay the wife's costs of the application.