Greene and Greene

In the matter of *Greene and Greene*, Judge Hartnett considered an application by the wife for leave to proceed on an undefended basis in family law proceedings. The husband had been advised of the proceedings but failed to attend court or file any documents.

The primary legal issues before the court were whether to grant the wife leave to proceed undefended and, if so, to make final orders regarding the division of property. This included the transfer of the husband's interest in a property and the refinancing of a mortgage.

Judge Hartnett granted the wife leave to proceed undefended, noting her compliance with previous service orders and the husband's non-participation. The court ordered the husband to transfer his interest in the specified real property to the wife within 28 days, at her expense. Contemporaneously, the parties were to refinance the mortgage into the wife's sole name. The court further ordered that, should the husband fail to execute necessary documents, a Registrar was appointed to do so on his behalf, pursuant to s 106A of the *Family Law Act 1975* (Cth). The orders also stipulated that each party was solely entitled to other property in their possession, with specific provisions for furniture, superannuation, insurance policies, liabilities, and the severance of any joint tenancies. Service of these orders was to be effected by the wife's solicitor forwarding a copy to the husband's parent's home, as previously deemed his address for service.