Gillies & Crandall

In the matter of *Gillies & Crandall*, Rees J of the Family Court of Australia considered an application to enforce a financial agreement made between Mr Gillies (the applicant) and Mr Crandall (the respondent) pursuant to section 90UC of the *Family Law Act 1975* (Cth). The respondent opposed the enforcement of the agreement.

The central legal issues before the Court were whether the provisions of section 90UF of the Act altered the terms of the financial agreement, and whether the applicant had provided valid notice of his intention to purchase the B Town property, and if so, when such an intention could be enforced.

Rees J reasoned that the provisions of section 90UF did not alter the terms of the financial agreement itself. The Court found that while the applicant had given valid notice of his intention to purchase the B Town property, this intention could not be enforced until the agreement became effective, which was contingent upon the making of a separation declaration. The Court ultimately ordered the enforcement of the financial agreement as if it were an order of the Court, declaring the value of the B Town property and setting out specific payment and transfer obligations for both parties within seven days. The Court also made provision for the applicant to sign necessary documents in place of the respondent should he fail to do so, and restrained the applicant from dealing with the property other than in accordance with the orders or the agreement.