The applicant wife moved for an order under the Partition Act for the sale of the jointly owned matrimonial home prior to trial.
The respondent husband opposed the motion, relying on a temporary without prejudice consent order that granted him exclusive possession.
The court held that a material change in circumstances was not required to vary a temporary without prejudice order.
Finding that the husband had no competing interests under the Family Law Act that would defeat the wife's prima facie right to sale, the court granted the motion and ordered the home to be listed for sale.
