AHSAN & AHSAN

In the matter of *Ahsan & Ahsan*, the wife sought orders from Hannam J in the Family Court of Australia to enforce final property orders concerning the former family home. The wife's application included a request for the husband to vacate the property and for a warrant of possession to issue if he failed to do so, as well as other orders to facilitate the sale of the home, which the husband had allegedly obstructed. The wife also sought an order for costs against the husband.

The primary legal issues before the court were whether to grant the wife's application for the husband to vacate the former family home and for a warrant of possession to issue, and whether to make orders authorising the wife to take all necessary steps to sell the property, given the husband's alleged obstruction. The court was also required to determine whether the circumstances justified an order for the wife to recover her costs of the enforcement application.

Hannam J reasoned that the husband's conduct had obstructed the wife's ability to proceed with the sale of the former family home as contemplated by the final property orders. Accordingly, the court made orders requiring the husband to vacate the property within 14 days and deliver vacant possession to the wife. A warrant of possession was ordered to issue, with execution stayed for 15 days. The court further granted the wife extensive authority to manage and effect the sale of the property, including instructing agents and solicitors, signing necessary documents, and authorising payments related to the sale and any necessary maintenance or repairs to prepare the property for sale. The court also found that the circumstances justified an order for costs in favour of the wife.

The court ordered that the husband pay the wife's costs of the application in the sum of $15,000.