Rooke and Benlow and Anor

In the matter of *Rooke and Benlow and Anor*, heard before Bennett J, the dispute concerned an application to set aside the transfer of real property. The applicant, Ms Rooke (the wife), sought to have a transfer of property from the joint names of Ms Satsi and Mr Benlow (the husband) into the sole name of Ms Satsi, which was signed on 13 June 2007, set aside.

The primary legal issue before the court was whether the transfer of the property should be set aside pursuant to section 106B of the *Family Law Act 1975* (Cth). This section allows for the setting aside of transactions that defeat or hinder the claims of a party to property settlement proceedings.

Bennett J reasoned that the transfer of the property was made to defeat or hinder the wife's claims in the property settlement. Consequently, the court ordered that the transfer of the real property be set aside and that the husband and Ms Satsi take all necessary steps to transfer the property back into their joint names. The court further ordered that if the husband and Ms Satsi failed to comply with this order, a registrar of the court would be empowered to execute the necessary documents. The issue of costs was reserved for later consideration.