Vico and Cavallaro

In the matter of Vico and Cavallaro, Cohen J of the Family Court of Australia considered an application concerning the former matrimonial home. The dispute involved the wife's application, filed on 2 November 2009, which sought orders relating to the inspection and potential sale of the property. The husband had made an offer to purchase the property for $360,000, which the wife had rejected, and the current market appraisal placed the property's value between $1,000,000 and $1,100,000.

The court was required to determine the terms upon which the former matrimonial home would be made available for inspection by real estate agents, and the consequences of the husband's compliance or non-compliance with these terms, including the date by which he would be required to vacate the property. The court also had to consider the issuance of enforcement warrants should the husband fail to adhere to the orders made. Furthermore, the court addressed the possibility of the husband making a reasonable offer to purchase the property and the procedure for seeking further orders in that event.

Cohen J dismissed the wife's application filed on 2 November 2009, and made no order as to costs for that application. The court then made detailed orders regarding the inspection of the property, stipulating that if the husband failed to permit inspections between 10:00 am and 4:00 pm after providing two days' notice, he was to vacate the property by 10:00 am on Friday, 22 January 2010. If inspections were permitted after 9:00 am on 18 January 2010, the husband was to vacate by 10:00 am on Friday, 29 January 2010. The orders provided for the issuance of enforcement warrants should the husband fail to vacate as required, and granted the husband leave to approach the court urgently if he made a reasonable offer to purchase the home that was not accepted by the wife. The husband was also ordered to pay the costs of any enforcement warrant on an indemnity basis, to be deducted from any monies payable to him from the sale proceeds.