Polikin and Polikin

In the matter of *Polikin and Polikin*, Watts J of the Supreme Court of New South Wales was required to determine an application by the husband concerning orders made in 2002. The dispute centred on the husband's obligation to pay a sum of $91,600 to the wife and a restraint on dealing with a property located at B Street, Suburb C. The husband sought to have these orders discharged and to register a court order on the title of the Suburb C property.

The primary legal issues before the court were whether the existing orders requiring the husband to pay the wife $91,600 and restraining him from dealing with the Suburb C property should be discharged. Additionally, the court considered the husband's entitlement to have a court order registered on the title of the Suburb C property, and the appropriate mechanism for satisfying the financial obligation to the wife, given the circumstances.

Watts J reasoned that the husband's Initiating Application for service should be dispensed with. The court ordered the discharge of the 2002 orders requiring the payment of $91,600 and the restraint on the Suburb C property. A declaration was made that the husband was entitled to have a court order removed from the title of the Suburb C property. The husband was ordered to pay the sum of $91,600 to the NSW Trustee and Guardian upon settlement of the sale of the Suburb C property, to be held on trust for the wife. Further orders were made requiring the husband to inform the wife and his daughter Ms E of the lodgement of funds, and to provide the Trustee and Guardian with information regarding the whereabouts of the wife and Ms E, and to encourage his daughter Ms D to do the same.