Zubcic and Zubcic & Ors (No 2)

In *Zubcic and Zubcic & Ors (No 2)*, Rees J of the Family Court of Australia considered a dispute concerning the beneficial ownership of a property located at H Street, Suburb C. The proceedings involved the husband and wife, and the wife's parents, Mr and Mrs Gomes, who had been joined as third and fourth respondents. The core of the dispute was the extent of the wife's parents' entitlement to the proceeds of sale of the property, with the parents claiming a 50 per cent share and the husband asserting that he and the wife had purchased this share and were therefore entitled to the entire proceeds.

The court was required to determine the beneficial and legal entitlement of the parties to the proceeds of sale of the Suburb C property. Additionally, the court considered an application by the husband to vacate the hearing, which necessitated an examination of the principles governing such applications, particularly in light of potential delays and their impact on other parties.

Rees J applied the principles discussed in *Aon Risk Services Australia Limited v Australian National University* when considering the husband's application to vacate the hearing. The court found that the husband's conduct had caused delay, and that the undesirable effects of further delay on the other respondents could not be adequately remedied by a costs order. Consequently, the adjournment application was dismissed. The court then made declarations regarding the beneficial and legal ownership of the proceeds of sale of the property.

The court declared that Mr and Mrs Gomes were beneficial and legal owners as joint tenants of one half share in the proceeds of sale of the property at H Street, Suburb C. It was further declared that the husband and wife were beneficial and legal owners as joint tenants of the remaining one half share in the proceeds of sale of the same property.