Falcon and Falcon

In *Falcon and Falcon*, Baumann J of the Family Court of Australia was required to determine property settlement and related enforcement and travel restriction orders between a husband and wife. The dispute concerned the division of assets and the husband's ability to leave Australia.

The primary legal issues before the Court were the appropriate division of the parties' financial resources, including a significant sum of $550,000 to be paid by the husband to the wife, and the necessity of imposing travel restrictions on the husband to ensure compliance with the Court's orders. The Court also considered the wife's entitlement to costs and the means by which the orders could be enforced, including against parties outside of Australia.

Baumann J ordered the husband to pay $550,000 to the wife within sixty days, with the wife to retain other assets in her possession. The Court also granted the wife leave to apply for costs if she was successful in securing payment of the $550,000 within two years. Crucially, the husband was restrained from leaving the Commonwealth of Australia and his name was to be placed on the Airport Watch List to facilitate enforcement of the orders, with the Marshal of the Australian Federal Police and other police forces empowered to take necessary steps. The wife was granted leave to provide a copy of the order to facilitate enforcement outside of Australia.