Callis and Callis (No. 2)

In *Callis & Callis (No. 2)*, the Family Court of Australia considered an application by the wife, Ms S Callis, seeking an order for a Registrar or Deputy Registrar of the Court to execute a transfer of land on behalf of the husband, Mr Callis. The dispute arose from final property orders made on 28 February 2013, which involved the splitting of a superannuation interest and the transfer of a property to the wife, contingent on her payment of $55,000 to the superannuation fund. The husband did not appear at the hearing.

The primary legal issue before the Court was whether to appoint a Registrar or Deputy Registrar to execute the necessary transfer documents in lieu of the husband, and under what conditions. A secondary issue concerned the wife's contention that she was entitled to deduct outstanding rates, taxes, and apportionable outgoings from the $55,000 payment to the superannuation fund. The Court also considered the wife's application for costs against the husband.

Justice Bennett found that the husband had failed or neglected to sign the transfer documents. Applying section 106A of the *Family Law Act 1975*, the Court appointed a Registrar or Deputy Registrar to execute the deeds and instruments in the husband's name, provided the wife first provided an affidavit to the Registrar proving her compliance with the order to pay $55,000 in clear funds to the superannuation fund. The Court rejected the wife's argument that she could deduct outstanding property outgoings from this payment, interpreting the previous order to mean she was responsible for all liabilities attaching to the property up to the date of transfer. The Court also ordered the husband to pay the wife's costs of the application fixed at $1,968, primarily due to his non-compliance with previous orders.