FAMILY LAW ACT 1975

IN THE FEDERAL CIRCUIT AND

FAMILY COURT OF AUSTRALIA
(DIVISION 2)

AT MELBOURNE

No. (P)MLC10416/2022

BETWEEN

Leslie Family Law ARUN ROY NAZARETH

PO Box 13088 (Applicant husband)
LAW COURTS VIC 8010
AND

Ms Namitha Nazareth NAMITHA NAZARETH

8 Keir Avenue (Respondent wife)
DONCASTER VIC 3108

FINAL ORDER 20/9/2023

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 FAMILY LAW ACT 1975

IN THE FEDERAL CIRCUIT AND FILE NO: (P)MLC10416/2022

FAMILY COURT OF AUSTRALIA
(DIVISION 2)

BETWEEN:
ARUN ROY NAZARETH
(Applicant husband)

AND:
NAMITHA NAZARETH
(Respondent wife)

BEFORE: SENIOR JUDICIAL REGISTRAR CONLAN

DATE: 20 September 2023

MADE AT: MELBOURNE

UPON APPLICATION MADE TO THE COURT by Ms Pearson of Counsel for the Applicant
husband and no appearance for or by the Respondent wife

THE COURT ORDERS:

1. That all extant interim and final applications are otherwise dismissed.

2. That the Final Orders dated 22 March 2023 (“Final Orders”) remain in full force and effect.

3. That by 4:00pm on 18 October 2023, the Respondent shall permanently vacate the real
property at 8 Keir Avenue, Doncaster East VIC 3109 (“the Doncaster East property”).

4. That pursuant to Rule 11.56 of the Federal Circuit and Family Court of Australia (Family
Law) Rules 2021 (“FCFCOA Rules”), a warrant for the possession of the Doncaster East
property shall be issued and will lie in office and be executed on 25 October 2023 in the
event the Applicant (or his solicitor) advises the Chambers of Senior Judicial Registrar
Conlan in writing on 25 October 2023 that the Respondent has refused to vacate the
Doncaster East property in accordance with the preceding paragraph.

5. That in the event the warrant for possession is executed in accordance with the preceding
paragraph, such warrant shall authorise the enforcement officer to enter the Doncaster East

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 property and give vacant possession to the Applicant and the enforcement officer shall for
this purpose have the following powers:

a. To enter and search the Doncaster East property with the use of force if necessary;

b. To seize the Doncaster East property;

c. To evict the Respondent from the Doncaster East property with the use of force if
necessary, she being the person who is not legally entitled to be on the Doncaster
East property pursuant to these Orders;

d. To take vacant possession of and secure against any interference of the Doncaster
East property;

e. To deliver vacant possession of the Doncaster East property to the Applicant to the
exclusion of the Respondent and all others.

6. That upon the Respondent vacating the Doncaster East property and pending the sale of the
Doncaster East property in accordance with the Final Orders (“the sale”):

a. The Applicant Husband shall have sole right to use and occupy the Doncaster East
property; and

b. The Respondent be restrained from:

i. Damaging and/or interfering with the Applicant’s sole use and occupation of
the Doncaster East property;

ii. Engaging in any conduct with the deliberate intention of frustrating or

delaying the sale, including but not limited to changing the locks on the
Doncaster East property;

iii. Engaging in any conduct with the deliberate intention of diminishing the
purchase price of the Doncaster East property;

iv. Being at or within 150 metres of the Doncaster East property; and

v. Attending any open inspection, auction or other process undertaken in the

course of the sale of the Doncaster East property.

7. That pursuant to Rule 2.34 of the FCFCOA Rules, service by hand of the sealed Orders
dated 1 September 2023, sealed Affidavit of the Applicant sworn 31 August 2023 and filed

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 31 August 2023 and sealed Application in a Proceeding filed 31 August 2023 (collectively
the Documents) on the Respondent in these proceedings be dispensed with unconditionally,
and that in lieu thereof the Documents be taken to be served on the Respondent by
substituted service to the following email address: namithanazareth@hotmail.com.

8. That pursuant to Rule 2.34 of the FCFCOA Rules, that until further order, or until a Notice
for Address for Service is filed by the Respondent, service by hand on the Respondent in
these proceedings be dispensed with, and that in lieu thereof all documents be served in the
manner outlined in Order 7, namely by emailing the Respondent to the following email
address: namithanazareth@hotmail.com.

9. That the Applicant serve the Respondent with a sealed copy of these orders at
namithanazareth@hotmail.com by no later than 4pm on 22 September 2023.

10. That the Respondent pay the Applicant’s costs fixed in the sum of $11,367.50.

11. That the Applicant be at liberty to provide a sealed copy of these Orders to:

a. The Real Estate Agent of the Doncaster East Property;

b. The Conveyancer of the Doncaster East Property;

c. Bleyer Lawyers; and

d. Victoria Police.

AND THE COURT NOTES:

A. That the Respondent was formally called at 10.33am and the matter proceeded thereafter.

B. That the Respondent attended the Melbourne Registry on Tuesday 19 September 2020 in
person and advised she would not be attending the hearing today. The Respondent has been
in frequent email contact with the Chambers of Senior Judicial Registrar Conlan.

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C. That section 121 of the Family Law Act 1975 (Cth) provides that it is an offence punishable by
imprisonment for up to one year to publish or disseminate to the public or a section of the public
any account of family law proceedings which identifies the parties, witnesses or other people
concerned with the proceedings, unless specifically authorised by the Court.