Kelby and Kelby

In the matter of *Kelby and Kelby*, McClelland J of the Family Court of Australia was required to determine an application concerning the interpretation of existing court orders. The dispute centred on the husband's obligation to pay a specific sum to the wife upon the sale of a property identified as Property D, as stipulated in prior orders made by Rees J.

The primary legal issue before the court was to declare the precise amount the husband was required to pay the wife from the proceeds of the sale of Property D, pursuant to an order made on 24 August 2016. This involved interpreting the scope and effect of Order 2 of the previous judgment.

McClelland J declared that, in accordance with Order 2 of the orders made by Rees J on 24 August 2016, upon the sale of Property D, the husband was indeed required to pay the wife the total sum of $206,155. The court also dispensed with the requirement for compliance with rule 11.02(1) of the Family Law Rules 2004 (Cth) and reserved the costs of the application to the final hearing.