Green and Wall

This matter concerned an application by the wife, Ms Green, against the husband, Mr Wall, in the Family Court of Australia. The dispute arose from the husband's alleged failure to comply with previous final orders made by the Court on 27 April 2016, as well as subsequent orders made on 17 May 2018 and costs orders made on 8 February 2019. The wife sought orders pursuant to s 79A(1)(c) of the *Family Law Act 1975* (Cth).

The Court was required to determine whether the husband had failed to comply with the existing orders and, if so, to make appropriate orders to give effect to the wife's entitlements. This involved calculating the precise amount due to the wife, including the original principal sums and accumulated default interest, as well as costs. The Court also considered variations to the original orders to ensure the husband took all necessary steps to facilitate the payment to the wife.

Macmillan J found that the husband had failed to comply with the final orders. The Court's reasoning focused on quantifying the total amount owed to the wife, which comprised the principal sum of $300,000, default interest calculated in accordance with the *Family Law Rules* on that sum from various dates, and costs orders totalling $30,000 plus default interest. The Court varied the original orders to compel the husband to take all necessary actions, including signing a Qualified Domestic Relations Order, to withdraw the specified amount from his Company H Savings Plan and pay it to the wife, with the husband to bear all associated liabilities, including taxation.

The Court ordered that the wife was entitled to a portion of the husband's interest in his Company H Savings Plan, with the total amount due as at 10 December 2019 being specified. The husband was ordered to pay the wife's costs of the application, fixed at $15,510, from the same savings plan. The wife's application was otherwise dismissed.