Zubkin and Zubkin

Case

[2011] FamCA 287

6 April 2011


Details
AGLC Case Decision Date
Zubkin and Zubkin [2011] FamCA 287 [2011] FamCA 287 6 April 2011

CaseChat Overview and Summary

In the matter of Zubkin and Zubkin, Rose J of the Federal Circuit and Family Court of Australia considered applications for interim property and parenting orders. The dispute concerned the former matrimonial home and arrangements for the parties' children.

The court was required to determine whether to grant interim orders for exclusive occupancy of the former matrimonial home, the payment of mortgage instalments and rates, and the management of mortgage arrears. Additionally, the court considered whether to restrain the husband from dealing with the former matrimonial home and from attending the property, except for specific purposes. The court also addressed the husband's application for interim parenting orders.

Rose J made several interim property orders, granting the wife exclusive occupancy of the former matrimonial home and requiring both parties to pay mortgage instalments and rates equally. The husband was ordered to address mortgage arrears within two months or by arrangement with the mortgagee, and was restrained from dealing with the property. The husband was also restrained from attending the former matrimonial home except for agreed sale arrangements, court orders, or spending time with the children as per a court order. The applications for interim property orders were otherwise dismissed. The husband's application for interim parenting orders was also dismissed, and the parties were directed to seek an early consultation in the Child Responsive Program.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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