MACNAB & MACNAB (No.2)

In *Macnab & Macnab (No.2)*, the Family Court of Australia, presided over by Judge Scarlett, dealt with an application concerning the payment of costs and the execution of necessary documents to facilitate that payment. The dispute centred on the respondent's obligation to pay the applicant's costs, which had been fixed at $29,377.

The primary legal issue before the court was how to ensure the effective and timely payment of the fixed costs awarded to the applicant. This involved determining the source of funds for the payment and establishing a mechanism to compel the respondent to comply with the court's orders, particularly if they failed to cooperate in the withdrawal of funds. The court also considered the application of section 106A of the *Family Law Act 1975* to overcome potential non-compliance.

Judge Scarlett ordered that the respondent pay the applicant's costs of $29,377, to be drawn from a specific US$22,000 foreign exchange account held jointly by the parties. To ensure compliance, the court directed both parties to execute all necessary documents for the withdrawal. Crucially, in the event of the respondent's refusal or failure to comply within 14 days of a request, the Registrar or a Deputy Registrar of the Court was appointed and empowered to sign or execute any such documents on behalf of the defaulting party, upon presentation of the document and an affidavit of the applicant's legal practitioner detailing the non-compliance. The parties were to bear their own costs for the day of the hearing, and the application was removed from the list of cases awaiting finalisation.