Morello and Miller

In the matter of *Morello and Miller*, heard before Cronin J, the applicant sought orders relating to the transfer of land. The dispute concerned the execution of a transfer of land for a property located at B Street, C Town, pursuant to section 106A of the *Family Law Act 1975* (Cth), in accordance with previous orders made on 17 June 2013.

The primary legal issue before the court was whether the Registrar should be directed to sign the transfer of land in the name of the wife. This required the court to consider the application of section 106A of the *Family Law Act 1975* (Cth) in circumstances where a party had not yet produced a transfer of land in registrable form.

Cronin J reasoned that the applicant needed to produce a transfer of land in registrable form before the Registrar could be directed to sign it. The court applied the principle that a court's power to direct the execution of documents under section 106A is contingent upon the production of the necessary documentation in the prescribed form.

The court ordered that upon production by the applicant in person of a transfer of land in registrable form relating to the property at B Street, C Town, the Registrar was to sign the transfer in the name of the wife, as a consequence of the orders made on 17 June 2013. The application filed on 4 September 2013 was otherwise dismissed.