Cavallaro and Vico

In *Cavallaro and Vico*, Loughnan JR of the Federal Magistrates Court of Australia considered orders relating to the sale of a property and the husband's occupation of it. The dispute involved the wife seeking orders for the sale of the property and the husband's vacating the premises, with provisions for the enforcement of these orders.

The court was required to determine the terms of the sale of the property, including the execution of necessary documents by the Registrar in lieu of the husband, the husband's obligation to vacate the premises, and the husband's restraint from entering the property thereafter. Further issues included the wife's ability to seek a warrant of possession if the husband failed to comply, the husband's right to be informed of sale progress, the role of the wife's solicitors in the sale, and the enforcement of the court's orders by law enforcement agencies. The court also had to address the costs of the proceedings and their payment from the proceeds of sale.

Loughnan JR applied Section 106A of the *Family Law Act 1975* (Cth) to empower the Registrar to sign the sales agency agreement, contract for sale, and transfer on behalf of the husband. The court ordered the husband to vacate the property within fourteen days and be restrained from re-entering. Provisions were made for the wife to apply for a warrant of possession if the husband did not comply. The court also ordered that the husband keep the wife informed of the sale progress, that the wife's solicitors act for the vendor, and that law enforcement officers be empowered to give effect to the orders. The operation of these orders was stayed for fourteen days. The husband was ordered to pay the wife's costs, to be agreed within fourteen days or otherwise assessed, and these costs were to be paid from the husband's share of the sale proceeds if quantified before distribution.