FRANTZ & BRAYS

In the matter of FRANTZ & BRAYS, the Applicant sought orders for the transfer of property, which was contested by the Respondent. The decision was made by Judge Scarlett of the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether to make an order appointing the Registrar to execute a transfer of the Respondent's interest in a property, as agreed in the terms of settlement. The Court also considered the issue of costs.

Judge Scarlett reasoned that section 106A of the *Family Law Act 1975* (Cth) empowered the Court to appoint a person to execute a document on behalf of a party who fails or refuses to do so. Given the terms of settlement, which included the Respondent transferring his interest in the property, and the Respondent's apparent failure or refusal to do so, the Court found it appropriate to make the order sought by the Applicant. The Court also ordered the Respondent to pay the Applicant's costs.