Denning and Denning (No. 2)

In *Denning and Denning (No. 2)*, Dessau J of the Family Court of Australia considered an application by the husband concerning the withdrawal of caveats and the application of trust funds. The wife had lodged caveats over certain properties, and the husband sought orders for their withdrawal and for the payment of arrears of mortgage repayments.

The primary legal issues before the court were whether an officer of the court should be appointed to execute withdrawals of caveat on the wife's behalf, and whether the existing orders regarding the application of trust funds should be varied to include payment of mortgage arrears and enforcement costs. The court also had to determine the husband's application in a Case filed on 26 May 2008 and consider the costs of the proceedings.

Dessau J reasoned that, in the event the wife failed to sign the necessary withdrawals of caveat by a specified time, an officer of the court should be appointed to execute them pursuant to s 106A(1) of the *Family Law Act 1975*. The court also varied paragraph 19 of previous orders to ensure that sums held in the trust account were applied to pay arrears of mortgage repayments and any associated enforcement costs for specific properties. The husband's application filed on 26 May 2008 was otherwise dismissed.

The court ordered that the wife pay the husband's costs of the proceedings, totalling $4,274, to be ultimately paid from her share of the property settlement. The court also made a finding that the matter reasonably required the attendance of counsel.