Hoang and Nghiem

In the matter of *Hoang and Nghiem*, heard before Brown J, the parties sought further amendments to an existing court order concerning property division. The dispute centred on the precise wording and inclusion of new paragraphs within the amended order, specifically relating to the cancellation and creation of Certificates of Title for land, and the entitlement of each party to those new titles.

The court was required to determine the appropriate amendments to the existing orders to accurately reflect the parties' agreement regarding the division of land. This involved considering the legal requirements for the cancellation and creation of Certificates of Title under the *Transfer of Land Act 1958* (Vic), and how to clearly declare each party's entitlement to the new titles. The court also had to consider whether the attendance of a solicitor appearing as counsel was reasonably required for the matter.

Brown J ordered specific amendments to the existing order, including the addition of the word "and" to a particular paragraph. Crucially, the court ordered the inclusion of new paragraphs (5A) and (5B). These new paragraphs directed the Registrar of Titles to cancel existing Certificates of Title and create new ones for specific parcels of land. For the purposes of s 27B(6) of the *Transfer of Land Act 1958*, the court declared that Ms Nghiem was entitled to the delivery of the new Certificate of Title created under paragraph (5A)(b), and Mr Hoang was entitled to the delivery of the new Certificate of Title created under paragraph (5B)(b). The court also ordered that the reasons for judgment be transcribed and made available to the parties, and that the attendance of a solicitor appearing as counsel was reasonably required pursuant to Rule 19.50 of the *Family Law Rules 2004*.