Yan and Yan

This matter came before the Family Court of Australia, with Ms Yan as the Applicant and Mr Yan as the Respondent. The dispute concerned interim financial orders sought by the Applicant in property settlement proceedings. The Applicant sought orders relating to rental income from a property and the exclusive use of a motor vehicle. The Respondent had filed a response seeking orders, including a declaration under s 90R of the Family Law Act 1975 (Cth) that no de facto relationship existed between the parties, and the return of the motor vehicle.

The Court was required to determine whether to grant the Applicant's interim orders for half of the rental income from the property at F Street, Suburb G, and for the exclusive use of a Lexus motor vehicle. Additionally, the Court needed to consider the Respondent's application for a declaration under s 90R of the Family Law Act 1975 (Cth) and his request for the return of the motor vehicle.

The Court dealt with the matter on an undefended basis as the Respondent, despite being aware of the hearing, did not appear. The Respondent's legal representatives had advised the Court that their client would not require a s 90R declaration and had instructed them not to attend. The Court was satisfied that the Applicant held an interest in the F Street property and had been in exclusive possession of the Lexus motor vehicle since September 2013. Given the lack of evidence in response from the Respondent, the Court found it just and appropriate to make the orders sought by the Applicant.

The Court ordered that the Respondent do all acts and things necessary to ensure the Applicant receives half of the rental income from the F Street property. The Respondent was also ordered to allow the Applicant exclusive use of the Lexus motor vehicle and to pay all future costs associated with it, including registration, greenslip, and insurance. The Respondent was restrained from removing the vehicle from the Applicant's possession. The costs of the wife in relation to the Application in a Case were reserved.