Gregor and Gregor and Ors

In the matter of *Gregor and Gregor and Ors*, Johnston JR of the Federal Magistrates Court of Australia was required to determine the dispute between the wife, the husband, and C Investments Pty Limited (the applicants) and the second and third respondents concerning the possession of a property located at M in New South Wales.

The primary legal issue before the Court was whether to grant orders for the delivery of vacant possession of the M property to the second and third respondents. This involved considering the appropriate enforcement mechanisms and the Court's power to facilitate compliance with its orders.

Johnston JR ordered that the wife, the husband, and C Investments Pty Limited must forthwith deliver vacant possession of the M property to the second and third respondents. The Court further provided that should there be non-compliance within seven days, the second and third respondents would have leave to apply for a Warrant for Possession. To ensure efficacy, the Court also ordered that if any party refused or neglected to execute necessary documents, a Registrar could execute them pursuant to section 106A of the *Family Law Act 1975* (Cth). These orders were stipulated to commence operation on 27 January 2010, with all costs reserved.