Kelso and Aldrin

In the matter of Kelso and Aldrin, heard by Judge Harland, the husband sought to amend his initiating application filed on 14 August 2017. The wife sought to enforce final orders previously made in relation to the division of property, specifically concerning a property identified as Property A.

The central legal issues before the court were whether the husband's amended application should be dismissed and, if so, how the existing final orders, particularly those relating to the transfer and sale of Property A, should be enforced. This included determining the extent of the wife's authority to manage the sale and the husband's obligations to facilitate it.

Judge Harland dismissed the husband's amended application. The court found that the final orders should remain in full force and effect. To ensure enforcement, the Registrar was directed to execute a transfer of land to give effect to the orders concerning the trust transfer and the wife's sale of Property A, in default of payment due to the wife. The wife was unilaterally authorised to take all necessary steps to complete the sale, including appointing agents and conveyancers, arranging inspections, and signing sale contracts. The husband was ordered to cooperate with the sale process, including providing access to the property and removing encumbrances, with the Registrar empowered to act on his behalf if he failed to comply. The husband was also ordered to vacate the property prior to settlement.