Frisk and Frisk

In *Frisk and Frisk*, Bell J of the Family Court of Australia considered a dispute between the parties concerning the enforcement of a binding financial agreement. The wife sought an order for the Registrar of the Family Court to sign a mortgage in accordance with a clause within the parties' binding financial agreement dated 10 March 2008.

The central legal issue before the Court was whether it had the power to compel the execution of a mortgage by a court officer in circumstances where one party had failed to comply with their obligations under a binding financial agreement. This required the Court to consider the nature and enforceability of binding financial agreements and the Court's jurisdiction to make orders for their compliance.

Bell J reasoned that binding financial agreements, entered into under the *Family Law Act 1975* (Cth), are intended to be final and binding on the parties. The Court has the power to make such orders as are necessary to give effect to the terms of a binding financial agreement. In this instance, the wife had demonstrated that the husband had failed to comply with his obligations under clause 8.3 of the agreement, which required him to provide a mortgage. Accordingly, Bell J found that it was appropriate to make an order authorising a Registrar to sign the mortgage on behalf of the husband to ensure compliance with the agreement.

The Court ordered that a Registrar of the Family Court of Australia forthwith sign the mortgage in the form annexed to the wife's affidavit, thereby enforcing the terms of the binding financial agreement. The Court also ordered that the costs of the hearing be paid on a solicitor and client basis.