BERENZ & BERENZ

In the matter of *Berenž & Berenž*, Judge McNab of the Federal Circuit Court of Australia considered an application by the Applicant Wife concerning the former matrimonial home. The dispute arose from the Respondent Husband's non-compliance with previous court orders, specifically regarding the sale of the property. The Applicant Wife had the care of the children, and the Respondent Husband had failed to file a response or affidavit, attend a Conciliation Conference, and his conduct had caused the Applicant Wife to incur costs.

The court was required to determine how to facilitate the sale of the former matrimonial home and the division of the proceeds, given the Respondent Husband's non-compliance. Key issues included authorising the Applicant Wife to obtain the transfer of land, enabling the transfer of title into her sole name, and establishing the process for the sale and distribution of sale proceeds. The court also considered the Applicant Wife's sole use and occupancy of the property and injunctive relief against the Respondent Husband.

Judge McNab reasoned that the Respondent Husband's conduct necessitated orders that would allow the Applicant Wife to proceed with the sale of the property to achieve a final resolution of the parties' financial relationship, as intended by section 81 of the *Family Law Act 1975* (Cth). The court authorised the Applicant Wife to obtain the transfer of land and, pursuant to section 106A of the *Family Law Act 1975*, requested the Registrar of Titles to authorise a Registrar of the Federal Circuit Court to sign documents on behalf of the Respondent Husband to transfer the property title to the Applicant Wife. Upon sale, proceeds were to be applied first to sale costs, then to discharge the mortgage, with the balance divided 70% to the Applicant Wife and 30% to the Respondent Husband after deducting the Wife's legal costs. The court also granted the Applicant Wife sole use and occupancy of the home and issued an injunction restraining the Respondent Husband from attending the property.

The court ordered that the Respondent Husband pay the Applicant Wife's costs of and incidental to the proceedings, fixed at $3,300 for the amended application and affidavit, and a further $3,300 for costs reserved on 22 October 2019. The orders were intended to finally determine the financial relationship between the parties.