PALMERE & WALBANK

In the Federal Circuit Court of Australia, Judge A Kelly considered an enforcement application brought by Ms Palmere against Mr Walbank. The dispute arose from a property settlement embodied in a consent order made on 9 October 2019, which required Mr Walbank to pay Ms Palmere a settlement sum within sixty days. Mr Walbank subsequently filed a Contravention Application, but the court granted summary judgment against him with costs, finding that he had suffered hardship. Mr Walbank raised multiple issues against the enforcement of the consent order.

The court was required to determine the total amount owing by Mr Walbank to Ms Palmere under the consent order, including accrued interest, and to make orders for the payment of this sum. The court also needed to consider the appropriate enforcement orders in light of Mr Walbank's contravention and the circumstances of the case, including the potential for hardship. Furthermore, the court was asked to address the costs of the enforcement application.

The court reasoned that the total amount owing by Mr Walbank was $27,558, comprising the principal sum, interest calculated to a specific date, a further sum ordered on 9 December 2019, and the costs of the enforcement application. The court ordered Mr Walbank to pay this total sum, plus daily interest, by 4:00 pm on 29 May 2020. In default of this payment, an enforcement order was made for the seizure and sale of Mr Walbank's property, with Ms Palmere appointed as the Enforcement Officer to conduct the sale. The proceeds of the sale were to be distributed first to cover sale costs, then to discharge any mortgage, then to Ms Palmere for the outstanding debt and her costs of the sale, with any balance to Mr Walbank.

Crucially, the order for seizure and sale of the property was suspended until 29 May 2020, providing Mr Walbank a final opportunity to comply with the payment order. Liberty was reserved to the parties to apply on short notice regarding the sale of the property.