MEDAPATI & REVANKA

In the matter of *Medapati & Revanka*, Forrest J of the Family Court of Australia considered an application by the wife, Ms Medapati, seeking a declaration that she be appointed trustee for the sale of certain properties. This arose in circumstances where the husband, Mr Revanka, had failed to comply with interim spousal maintenance orders requiring him to continue making loan repayments, rate payments, and utility charges. The wife's application sought to activate default provisions within the court's earlier orders.

The primary legal issues before the court were whether the default provisions, triggered by the husband's non-compliance with interim orders, should be applied, and whether the wife should be appointed trustee for the sale of specified real properties. The court also considered the husband's application for alternative orders and the wife's application concerning contempt.

Forrest J reasoned that the husband had failed to persuade the court that the default provisions, which had been triggered by his non-compliance, should not apply. Consequently, the court declared the wife appointed as trustee for the sale of four specified properties. The court further authorised the wife, as trustee, to carry out the sale of these properties, vesting them in her name for that purpose. The court also made orders enabling the trustee to execute necessary documents in the husband's name, incur advertising expenses, engage real estate agents, and appoint solicitors to facilitate the sales. The husband's application for alternative orders was dismissed. The wife's contempt application was adjourned for a future hearing.

The court ordered that the husband pay the wife's costs of and incidental to the proceedings on a party and party basis, given his lack of success in defending the wife's application and seeking alternative orders, and in light of the wife's meagre financial circumstances.