Cantanor and Beidenhope

In *Cantanor & Beidenhope*, the Family Court of Australia considered an application by Ms Cantanor (the Applicant Wife) seeking orders for a Registrar of the Court to sign documents on behalf of Mr Beidenhope (the Respondent Husband) to give effect to property transfer orders previously made. The dispute arose from the Husband's alleged refusal or neglect to comply with the execution of necessary transfer documentation following final property and parenting orders made on 17 April 2013. The Husband did not appear at the hearing of this application.

The primary legal issue before the Court was whether it was necessary to appoint a Registrar pursuant to section 106A of the *Family Law Act 1975* (Cth) to sign specific documents, including property transfer forms, vehicle registration transfer forms, and documentation to close joint bank accounts. This appointment was sought to enforce the property orders made in April 2013, given the Husband's non-compliance. The Court also considered whether the Husband had been afforded natural justice and procedural fairness in relation to this application.

Justice Kent found that the Wife had made reasonable efforts to obtain the Husband's cooperation in voluntarily executing the required documents, but no response had been received. The Court was satisfied that the Husband had been given sufficient opportunity to be heard, both in relation to the original orders and this subsequent application, and had elected not to participate. Applying section 106A of the Act, the Court was satisfied that the Husband had refused or neglected to comply with the execution of the transfer documents and that it was necessary to exercise the Court's power to appoint the Registrar to execute them.

The Court made orders in terms of the Wife's Application in a Case, appointing a Registrar to sign the specified documents on behalf of the Respondent Husband. The Respondent Husband was also ordered to pay the Applicant Wife's costs of and incidental to this application on an indemnity basis.