WADLOW & WADLOW

In the Federal Circuit Court, Judge McGuire considered applications made by a wife and husband concerning a property. The wife sought interim sole occupancy of the property, requesting that the husband vacate. Conversely, the husband sought orders compelling the wife to obtain council approval for a structure he had unilaterally built on the property after separation.

The court was required to determine whether to grant the wife's application for sole occupancy and the husband's application regarding council approval for the post-separation structure.

Judge McGuire dismissed both interim applications. The court reasoned that the appropriate course of action was to require the parties to engage in property mediation. Consequently, the court ordered the parties to attend mediation with an accredited Family Dispute Resolution Practitioner, specifying the process for nominating the practitioner, the documents to be provided, and the payment of mediation fees. The court also made provisions for obtaining joint valuations of disputed assets and allowed for the possibility of consent orders being made prior to the adjourned directions hearing. The matter was adjourned for further directions in the Federal Circuit Court.