Maher and Walsh

In the matter of *Maher and Walsh*, heard by Judge Cassidy, the dispute concerned financial matters between a husband and wife. The wife sought payment of sums owing under a child support agreement and for school fees, with a further application for the sale of real property if these payments were not made.

The court was required to determine the extent of the husband's financial obligations to the wife, specifically regarding arrears under a child support agreement and outstanding school fees. Additionally, the court needed to consider the appropriate mechanism for enforcing these financial orders, including the potential sale of jointly held real property.

Judge Cassidy ordered the husband to pay the wife a specific sum for arrears under the child support agreement and a further sum for accrued school fees by a set date. In the event of non-payment, the husband was directed to sign all necessary documents to facilitate the out-of-court sale of their real property. The proceeds of the sale were to be applied first to sale costs, then to discharge any encumbrances, followed by the outstanding sums owed to the wife with interest, and finally, any balance to the husband. The court also made provision under s 106A of the *Family Law Act 1975* (Cth) for a Registrar to execute documents if a party refused to do so, and all other extant applications were dismissed with liberty to apply for costs within 28 days.