Eliades and Eliades

In the matter of *Eliades and Eliades*, heard before Macmillan J of the Family Court of Australia, the dispute concerned the final division of financial resources between a husband and wife. The husband sought to proceed with his application on an undefended basis, indicating the wife's non-participation or lack of opposition to the proceedings.

The court was required to determine the terms of the final financial orders, specifically addressing the payment of a sum of money by the wife to the husband, the sale of a jointly owned property, and the distribution of the net proceeds from that sale. The court also needed to consider the consequences of non-compliance with these orders and to make provision for the execution of necessary documents by a court official if a party failed to do so.

Macmillan J reasoned that the orders made would finally determine all financial relationships between the parties, thereby avoiding further litigation. The court ordered the wife to pay $12,509 to the husband by a specified date. Furthermore, the wife was directed to take all necessary steps to sell the real property located at G Street, Suburb B, Victoria, with the proceeds to be applied first to sale costs and commissions, then to discharge a mortgage to the National Australia Bank. The remaining balance was to be divided, with 40% to the wife and 60% to the husband. Crucially, if the wife failed to make the initial payment of $12,509, this sum would be deducted from her share of the sale proceeds and paid to the husband, with any shortfall also being paid to the husband from her share. To ensure compliance, the Registrar or Deputy Registrar was appointed under section 106A of the *Family Law Act 1975* (Cth) to execute any necessary documents on behalf of a defaulting party. All other extant applications were dismissed, and the matter was removed from the hearing list.