Berrell and Berrell

In *Berrell & Berrell*, the Family Court of Australia considered an application by the Wife for the enforcement of final property orders made on 20 December 2013. The Husband had failed to comply with these orders, which required him to pay a significant sum to the Wife and outstanding spousal maintenance. The Wife sought a warrant for the seizure and sale of the Husband's property to satisfy these obligations.

The primary legal issues before the Court were whether the requirements for making an enforcement order were met, and specifically, whether the Court had the power to issue a warrant for the seizure and sale of property to enforce the financial orders. The Court also considered the calculation and application of interest on the outstanding amounts, as provided for under the *Family Law Act 1975* (Cth) and the *Family Law Rules 2004* (Cth).

Justice Kent found that the Husband had not complied with the final property orders, despite having discontinued his appeal against them. The Court noted that the filing of an appeal does not operate as a stay of enforcement orders. Applying Chapter 20 of the *Family Law Rules 2004*, which governs the enforcement of financial orders, the Court was satisfied that the Wife had met the necessary requirements for an enforcement order. The Court exercised its discretion to make orders in terms agreed upon by the parties, including the issuance of an enforcement warrant for the seizure and sale of the Husband's property.

By consent, the Court ordered that the Husband pay the outstanding sum of $1,098,769.60, plus specified amounts of interest and outstanding spousal maintenance, by 23 May 2014. An enforcement warrant was to be issued for the seizure and sale of the Husband's property at Unit A, E Street, Suburb F, with the proceeds to be applied first to enforcement fees and costs, then to the Wife's outstanding amounts, and any balance to the Husband. The warrant was to lay in Chambers until 23 May 2014, with the possibility of discharge if the Husband complied with the orders by that date. The Husband was also ordered to pay the Wife's costs of $12,000.00.