Greig and Trott

In the matter of *Greig and Trott*, Cronin J of the Family Court of Australia was required to determine the dispute between the applicant and the respondent concerning property settlement. The applicant sought to have the Court make certain orders, while the respondent sought the dismissal of the applicant's application.

The primary legal issues before the Court were whether it had jurisdiction to make the orders sought by the applicant, and if so, what orders were appropriate in the circumstances. The Court also considered the applicant's failure to attend the proceedings and the justification for the Court's jurisdiction.

Cronin J ordered that the applicant cooperate with the respondent to discharge the existing mortgage on the property at B Street, Suburb C by refinancing it into the respondent's name alone. The Court further ordered that, should the applicant fail to sign necessary documents, a registrar was authorised to sign them on the applicant's behalf pursuant to s 106A of the *Family Law Act 1976* (Cth). The applicant was ordered to pay the respondent's costs fixed at $6900, and the applicant's application filed on 23 March 2013 was dismissed. The respondent's response filed on 23 May 2013 was otherwise dismissed. The applicant was granted leave to seek to set aside these orders if, by 4.00 pm on 13 September 2013, he filed and served an application supported by an affidavit addressing his absence, the Court's jurisdiction, and the precise orders sought. Failing such an application, the applicant's application filed on 25 March 2013 would stand permanently dismissed.