Demopoulos and Fullard (No. 2)

In *Demopoulos and Fullard (No. 2)*, McClelland J of the Federal Circuit Court of Australia considered applications by a respondent wife concerning parenting matters and an application to set aside previous court orders. The primary dispute revolved around the wife's failure to comply with an order requiring her to vacate a property to facilitate its sale.

The court was required to determine whether to grant the wife's applications regarding parenting and to set aside the existing orders. Crucially, the court also had to consider the husband's application for a Writ of Possession to enforce the prior order for the wife to vacate the property.

McClelland J dismissed the wife's applications. The judge reasoned that the wife had failed to comply with the order of 18 November 2015, which directed her to vacate the premises within 21 days of service. As service had been effected and compliance had not occurred, the court found it necessary to issue a Writ of Possession. This writ directed the Marshall, Federal Police, and NSW Police to enter the property, if necessary by force, to give the husband vacant possession for the purpose of sale and to cause the wife to vacate. However, the writ was ordered to lie in the Registry for 28 days and not to be issued without further order, with any application for its issue to be made ex parte. The writ was also to cease to have effect 12 months after its issue.