Rooke and Benlow and Anor (No. 2)

This matter came before Bennett J in the Family Court of Australia, involving the applicant wife, Ms. Rooke, and the respondent husband, Mr. Benlow, along with a third party, Ms. Satsi. The dispute concerned the transfer of a property located at …, B, which had been transferred from joint names into the sole name of Ms. Satsi. The wife sought to set aside this transfer and have the property returned to joint names, as well as seeking costs and enforcement of prior orders.

The court was required to determine whether the transfer of the property at …, B from the joint names of Ms. Satsi and Mr. Benlow into the sole name of Ms. Satsi should be set aside pursuant to section 106B of the *Family Law Act 1975*. Additionally, the court needed to consider the wife's application for costs and the enforcement of previous orders made by Watt J on 28 April 2006, including the transfer of the husband's interest in the property at …, B to the wife on trust for sale.

Bennett J ordered that the transfer of the property at …, B into Ms. Satsi's sole name be set aside pursuant to section 106B of the *Family Law Act 1975*. The husband and Ms. Satsi were directed to take all necessary steps to transfer the property back into the joint names of Ms. Satsi and Mr. Benlow by 5 pm on the day of the hearing. In default, the Registrar of the Family Court was appointed to execute all necessary documents to effect this transfer. The court also ordered that the husband pay the wife $126,527.25 towards her costs. Furthermore, to enforce monies due to the wife, the husband and Ms. Satsi were ordered to transfer the husband's interest in the property at …, B to the wife, to be held on trust for sale, with the wife to have conduct of the sale if monies owing were not paid by 10 December 2007. The wife was made responsible for the preparation of transfer documents, and liberty was reserved for Ms. Satsi to apply to vary or set aside orders relating to the transfer of the husband's property interest by 26 November 2007. Otherwise, all other extant applications were dismissed.