Green and Wall

In the Family Court of Australia, Justice Macmillan considered an application by Ms Green against Mr Wall concerning alleged non-compliance with final orders made on 27 April 2016. The dispute centred on Mr Wall's failure to pay Ms Green the sum of $300,000 by the stipulated date of 1 February 2017, and his subsequent failure to take necessary steps to pay this amount, with accrued interest, from his Company H Savings Plan.

The court was required to determine whether Mr Wall had contravened the previous orders regarding the payment of $300,000 and the steps to be taken to facilitate this payment from his savings plan. The court also had to consider the appropriate orders to ensure compliance and address any accrued interest and potential costs.

Justice Macmillan found that Mr Wall had failed to comply with the orders. The court ordered Mr Wall to pay the sum of $300,000, together with accrued interest of $28,972.60 calculated from 1 February 2017, and further interest from the date of the order until payment. This total payment was to be made into the wife's lawyer's trust account. To facilitate this payment, Mr Wall was ordered to take all necessary steps, including withdrawing or obtaining a loan from his Company H Savings Plan, and to bear any associated liabilities, including taxation. The court also ordered that pending full compliance, Mr Wall was restrained from dealing with his Company H Savings Plan and Pension Plan, except for the purpose of complying with the orders. Furthermore, the wife was ordered to remove a Lis Pendens lodged against a property in the United States upon receipt of the full payment. The wife's application for contravention was otherwise dismissed.