Chiong and Sze

In the matter of *Chiong and Sze*, heard by Loughnan J, the husband initiated proceedings by filing an application on 25 June 2018. The wife sought orders for the husband to execute documents necessary to give effect to a property settlement, and for the husband to pay her costs.

The primary legal issue before the Court was whether the wife was entitled to an order appointing her to execute documents in the husband's name pursuant to section 106A of the *Family Law Act 1975* (Cth). This section allows the Court to make such an order where a party has failed or refused to execute documents necessary to give effect to a property settlement.

Loughnan J reasoned that the husband's failure to execute the specified documents, as listed in Annexure W1 to the wife's Case Outline (Exhibit 1), warranted the exercise of the Court's power under section 106A. The Court applied the principle that where a party is recalcitrant in complying with orders or agreements for property settlement, the Court has the power to facilitate the execution of necessary documents to ensure the finalisation of the settlement.

The Court ordered that the husband's initiating application be dismissed. The wife was appointed pursuant to section 106A of the *Family Law Act 1975* (Cth) to execute, in the husband's name, the documents listed in Annexure W1 to the wife's Case Outline (Exhibit 1), and to do all things necessary to give validity and operation to those documents. The husband was also ordered to pay the wife's costs of and incidental to the proceedings, with payment to be made within two months of agreement or assessment.