Molenaar & Molenaar (No 4)

In *Molenaar & Molenaar (No 4)*, McNab J of the Federal Circuit Court of Australia considered an application by the Wife for the enforcement of final property orders made on 5 February 2021. The dispute centred on the Husband's non-compliance with these orders, specifically his failure to vacate the former matrimonial home at E Street, Town F, Victoria, within the stipulated 30 days. The Wife sought a warrant of possession to compel the Husband's eviction and to facilitate the sale of the property as per the final orders.

The primary legal issues before the Court were whether to grant an adjournment of the proceedings and whether to issue a warrant of possession pursuant to Rule 25B.62 of the Federal Circuit Court Rules 2001 (Cth). The Court was required to determine if the circumstances warranted the use of such an enforcement measure, which would authorise an enforcement officer to enter the property, seize it, and evict the Respondent.

McNab J refused the Husband's oral application for an adjournment, noting that the Husband had had ample time since 5 February 2021 to make arrangements for alternative accommodation. The Court found the Husband's submissions regarding his lack of accommodation inconsistent with his proposed application to refinance the property. The Court reasoned that further adjournment would increase costs and stress, particularly for the Wife, who had ongoing care of the children and was in straitened financial circumstances. Consequently, the Court exercised its discretion to issue a warrant of possession, finding it appropriate given the Husband's non-compliance with the final orders. The Court also ordered the Husband to pay the Wife's costs of the application, fixed at $1,610.00, to be paid from his share of the proceeds of sale of the property. The Court noted the Wife's request to avoid enforcement action during periods when the parties' children were with the Husband, and this was incorporated into the orders.