CANION & CANION (No.2)

In the matter of *Canion & Canion (No.2)*, Judge McGuire of the Family Court of Australia considered an application concerning mortgage payments following final property orders. The dispute arose after the husband unilaterally ceased making payments on a mortgage secured by a property at LL Street, Suburb OO, Tasmania, during the period the court had reserved its judgment on the final property orders made on 13 November 2019.

The central legal issue before the court was whether the husband's cessation of mortgage payments constituted a "machinery or consequential order" in relation to the final orders, or if it was a matter requiring separate determination. The court was tasked with determining how to address the arrears that had accrued due to the husband's actions.

Judge McGuire reasoned that the husband's obligation to maintain mortgage payments was intrinsically linked to the final property orders, which had contemplated the transfer of interests in the property. The court found that the arrears were a direct consequence of the husband's failure to comply with the implied or explicit terms of the property settlement. Consequently, the court ordered that the husband be solely responsible for and pay all arrears of the mortgage secured by the property at LL Street, Suburb OO, Tasmania, in accordance with the execution of any transfer of interests in real property pursuant to the final orders made on 13 November 2019.