Clemenceau and Clemenceau

In the matter of *Clemenceau and Clemenceau*, Justice Cronin of the Family Court of Australia considered the validity and enforceability of a financial agreement between the parties. The dispute centred on the husband's alleged refusal or neglect to comply with certain terms of this agreement, specifically concerning the signing of a release and the establishment and maintenance of a joint banking account.

The court was required to determine whether the financial agreement was valid and binding under the *Family Law Act 1975* (Cth). Further issues included the court's power to make orders for the execution of documents by the Registrar in the event of the husband's non-compliance, and the appropriate method for proving such non-compliance. The court also had to consider its authority to compel the husband to take specific steps regarding a banking account as stipulated in the financial and child support agreements.

Justice Cronin declared the financial agreement to be valid and binding pursuant to s 90G of the Act. Applying s 90KA(c) and s 106A of the Act, the court ordered that if the husband failed or refused to sign the release as required by the agreement, the Registrar of the Melbourne Registry could sign it on his behalf. Proof of the husband's non-compliance would be established by an affidavit from the wife's solicitors confirming the release was sent to the husband and not returned signed within seven days. The court also ordered the husband to forthwith take all necessary steps to open a specific banking account in his name, provide the wife with a debit card for that account, maintain her access to it, and ensure a minimum balance of $5000 was always held within it. The husband was also ordered to pay the wife's costs of the application.