PANDELIS & PANDELIS

In *Pandelis & Pandelis*, heard by Judge Scarlett, the applicant sought orders for the enforcement of a consent order concerning the sale of a property and the payment of school fees arrears. The dispute centred on the respondent husband's failure to comply with previous orders, leading to significant arrears in school fees for the parties' two children. The court was required to determine the appropriate orders to ensure the sale of the property and the discharge of these arrears, as well as to address the costs of the proceedings.

The court's reasoning focused on the need to enforce the parties' consent orders and address the urgent financial obligations arising from the school fee arrears. Judge Scarlett applied principles of family law concerning property settlement and the enforcement of court orders. The court considered the respondent's non-compliance and the impact on the children's education, necessitating a clear and structured pathway for the sale of the property and the prioritisation of payments from the proceeds.

The court made detailed orders for the respondent to pay the outstanding school fees by a specified date. If these payments were not made and proof provided, the respondent was then mandated to take all necessary steps to sell the property within a strict timeframe. The orders outlined a comprehensive process for the sale, including the appointment of real estate agents and solicitors, the marketing and auction of the property, and the setting of a reserve price. The proceeds of the sale were to be applied in a specific order of priority, with school fees and legal costs preceding the distribution of any balance to the parties. The court also made orders regarding the respondent's responsibilities for the property pending sale and appointed a Registrar to execute documents if the respondent failed to do so. Finally, the respondent was ordered to pay the applicant's costs of the proceedings.