Cansdall and Cansdall

In the matter of *Cansdall and Cansdall*, Judge Mercuri of the Federal Circuit and Family Court of Australia considered applications filed on 26 March 2020 and 28 April 2020. The proceedings concerned the implementation of prior orders relating to property settlement.

The primary legal issue before the court was how to facilitate the wife's ability to exercise provisions of an earlier order (order 10 of 15 July 2019) which appeared to require the husband's cooperation in the sale of property. The court also considered the applications filed by the parties.

Judge Mercuri reasoned that for the better implementation of the existing orders, it was necessary to appoint a legal representative for the husband to act as his agent in the sale of property. This was to ensure that the wife could proceed with the sale as contemplated by the previous orders, specifically orders 13 and 14 of 14 November 2018 and order 3 of 15 July 2019. The court granted leave for the applicant to file an affidavit and dismissed the applications filed on 26 March 2020 and 28 April 2020. The court specifically authorised Morrison & Sawers Lawyers to sign necessary documentation on behalf of the husband to enable the transfer and discharge or release of mortgage. The court also noted the provisions of section 121 of the *Family Law Act 1975* (Cth) regarding the publication of family law proceedings.