Kruger and Zaio

In the matter of *Kruger and Zaio*, Cronin J of the Family Court of Australia considered an application by the wife alleging contravention of court orders by the husband. The dispute centred on the husband's alleged failure to comply with existing orders, leading to the wife seeking sanctions and further directions regarding property and maintenance.

The court was required to determine whether the husband had contravened orders made under the *Family Law Act 1975* (Cth). The proceedings also involved determining the appropriate course of action for sanctioning any contravention found, and making consequential orders concerning the parties' real property and the wife's spousal maintenance.

Cronin J found that the husband had contravened an order under the Act pursuant to s 112AB. The application for sanction was adjourned to allow for consideration of whether the husband would enter into a bond under s 112AF. The court then made detailed orders regarding the real property, including the husband vacating the premises, transferring his interest to the wife on trust pending sale, and providing keys. The wife was empowered to sell the property, with the proceeds to be applied first to sale costs, then to discharge the mortgage, then to satisfy outstanding spousal maintenance arrears and ongoing payments, followed by the wife's costs of $3703, and finally, any balance to be held in an interest-bearing account pending further order. The court also made provision under s 106A for a registrar to execute documents if the husband failed to do so, and dismissed other outstanding contravention proceedings.