Kellner & Kellner & Ors

In *Kellner & Kellner & Ors*, the applicant wife sought orders for the sale of a property known as "I Street" due to the respondents' (husband and another party) non-compliance with previous final property orders. These prior orders had required the applicant to transfer her interest in the property to the first respondent, and the respondents to discharge a loan and refinance the property. The applicant also sought costs and an order pursuant to s 106A of the *Family Law Act 1975* (Cth) to facilitate the sale.

The court was required to determine how to enforce the original property settlement orders, specifically concerning the sale of I Street, given the respondents' failure to comply. This involved considering the applicant's request for the sale of the property and the appropriate mechanism to achieve this, including the application of s 106A of the *Family Law Act 1975* (Cth). The court also had to consider the applicant's claim for costs, assessing whether the respondents' conduct warranted such an order.

Berman J reasoned that the respondents' non-compliance necessitated intervention to effect the sale of I Street. The court authorised the wife to negotiate the sale terms and appointed a Registrar to execute necessary documents pursuant to s 106A of the *Family Law Act 1975* (Cth) if the first respondent failed to do so. The court also granted an injunction restraining the husband from attending the property without the sales agent's invitation. Specific terms were set for the listing and sale of the property by private treaty, followed by auction if necessary, with clear provisions for the application of proceeds. The court ordered the husband to pay the wife's costs on a party/party basis.