BLEAUCHAMP & WARNOLD

This matter concerned an application by Ms Bleauchamp against Mr Warnold before his Honour Judge Faulks in the District Court. The dispute revolved around the execution of orders previously made by the Family Court, as modified by the Full Court, concerning the sale of a property. Ms Bleauchamp sought orders to facilitate the sale and ensure compliance with existing court orders, particularly in light of Mr Warnold's alleged lack of cooperation.

The primary legal issues before the court were whether it had the power to authorise a Registrar of the Court to execute documents on behalf of Mr Warnold to give effect to prior Family Court orders, and to appoint a specific real estate agent and auctioneer for the sale of the property. The court was also required to determine the appropriate orders regarding the payment of costs associated with Ms Bleauchamp's application and the sale of the property.

His Honour Judge Faulks reasoned that the court possessed the necessary authority to make orders that would ensure the effective implementation of existing Family Court orders, particularly where one party was not cooperating. The court applied principles of equity and the inherent jurisdiction of the court to prevent a party from frustrating the orders of another court. The court found it appropriate to appoint Ms A of B Real Estate Suburb C as the auctioneer and agent, and to authorise a Registrar to sign all necessary documents on Mr Warnold's behalf. The court also ordered that Mr Warnold pay Ms Bleauchamp's costs of the application, to be paid out of the proceeds of the property sale.