Cantanor and Beidenhope

[2014] FamCA 200

FAMILY COURT OF AUSTRALIA

CANTANOR & BEIDENHOPE [2014] FamCA 200

FAMILY LAW – PROPERTY – Undefended Hearing – Enforcement – Registrar to sign documents pursuant to s 106A of the Family Law Act 1975 (Cth)

Family Law Act 1975 (Cth)
APPLICANT:	Ms Cantanor

RESPONDENT: Mr Beidenhope

FILE NUMBER: BRC 117 of 2010

DATE DELIVERED: 28 March 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 28 March 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Hopgood Ganim Lawyers

FOR THE RESPONDENT: No appearance

Orders

It is ordered that

1. In accordance with paragraph 15 of the Family Court Orders made 17 April 2013, a Registrar of this Honourable Court be appointed pursuant to s 106A of the Family Law Act 1975 (Cth) to sign the following documents, copies of which are attached to the Application in a Case filed 20 March 2014 marked “A”, in the name of and on behalf of the Respondent Husband:

   (a)Form 1 Transfer and Form 24 Property Transfer Information in respect of the property located at B Street, C Town;

   (b)Form 17 Request to Dispense with Production of Document and any associated documents with respect to the property located at B Street, C Town;

   (c)Transfer of Vehicle Registration Application Form with respect to the Toyota Corolla motor vehicle with registration number 010 DHR;

   (d)Transfer of Vehicle Registration Application Form with respect to the Box trailer with registration number …; and

   (e)Documentation necessary, if any, to close the following joint bank accounts and pay to the wife any credit funds held in those accounts:

   (i)ING Direct My Savings Maximiser Account (…58);

   (ii)ING Direct My Savings Maximiser Account (…33); and

   (iii)ING Direct My Savings Maximiser Account (…55).

2. The Respondent Husband pay the Applicant Wife’s costs of and incidental to this Application on an indemnity basis as assessed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Cantanor &  Beidenhope has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 117 of 2010

Ms Cantanor

Applicant

And

Mr Beidenhope

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter I made final orders in respect of both property and parenting matters on 17 April 2013 and delivered reasons for those orders. Given the content of those reasons it is unnecessary for me to now repeat the lengthy history of this matter, suffice to observe that I was satisfied in the making of the final orders that the Respondent husband, Mr Beidenhope (“the Husband”), had been given sufficient opportunity to be heard in respect of the making of those orders.

2. I note in passing that at an earlier time the Full Court of this Court had likewise been satisfied that the Husband had been given reasonable opportunity to be heard in respect of appeal proceedings but had elected not to participate.

3. This is now the Wife’s Application in a Case in respect of the Registrar of this Court being appointed pursuant to s 106A of the Family Law Act 1975 (Cth) (“the Act”) to sign certain documents to give effect to the transfers of property I ordered on 17 April 2013.

4. I am satisfied on the evidence contained in the affidavit of Ms Anderson filed 20 March 2014 that the Wife, via her lawyers, has done all that she reasonably could to obtain the cooperation of the Husband in voluntarily executing the necessary transfer documentation to give effect to those orders.

5. No response has been received by the Wife’s lawyers to any of their respective communications, as detailed in Ms Anderson’s affidavit, nor has the Husband communicated at any point with the Court, nor has he elected to appear on this occasion on the hearing of this application.

6. Again for the reasons previously stated in the primary reasons for judgment delivered on 17 April 2013 I am satisfied that with respect of this application the Husband has been afforded natural justice and procedural fairness in respect of having the opportunity to be heard on this application had he chosen to do so.

7. I am satisfied within the meaning of s 106A of the Act that the Husband has refused or neglected to comply with the execution of the relevant transfer documents to give effect to the property orders.

8. In any event I am satisfied within the meaning of that section that it is necessary to exercise the powers of the Court under s 106A of the Act to appoint the Registrar to execute the relevant documents.

9. I therefore make orders in terms of the Wife’s Application in a Case.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 28 March 2014.

Associate:

Date: 1 April 2014