ODETTE & LOTTO

In the matter of *Odette & Lotto*, Johns J of the Family Court of Australia considered an application by the wife, Ms Odette, seeking the enforcement of final property orders made on 8 June 2017. The husband, Mr Lotto, had failed to comply with these orders. The hearing proceeded undefended as the husband had withdrawn instructions from his legal representatives and left the court precincts during the proceedings.

The court was required to determine how to enforce the existing final property orders, particularly in light of the husband's non-compliance and absence. This involved considering the appropriate mechanisms to ensure the transfer of property, the assignment of a tenancy agreement, and the rollover of superannuation entitlements as previously ordered. The court also had to address the husband's conduct in relation to other assets and the wife's entitlement to costs.

Johns J applied principles of family law concerning the enforcement of court orders, utilising powers under Section 106A(1)(b) of the relevant legislation. The court reasoned that given the husband's non-compliance and withdrawal from the proceedings, it was necessary to appoint the wife to execute documents on the husband's behalf to give effect to the final orders. This included the transfer of a property, assignment of a tenancy agreement, and a superannuation rollover. The court also made orders restraining the husband from dealing with another property and appointed the wife as trustee for its sale, with specific directions for the distribution of proceeds. Furthermore, the court ordered the husband to pay the wife's costs on a solicitor-client basis, reflecting the husband's conduct.