Sayid and Alam

In the matter of *Sayid and Alam*, Watts J of the Family Court of Australia considered applications relating to property settlement and enforcement of orders. The dispute involved the husband, Mr Sayid, and the wife, Ms Alam, concerning a property and associated financial matters, with the Australian Taxation Office also involved as a second respondent due to an existing registered order against the property's title.

The court was required to determine several issues, including the correction of a typographical error in previous reasons, the dismissal of the husband's application for a stay, and the issuance of a warrant for possession to enforce an order for the husband to vacate the property. Further, the court needed to address the process for removing an order registered by the Australian Taxation Office from the property's title to facilitate its sale, and the disposition of the net proceeds from that sale.

Watts J ordered the amendment of previous reasons to correct a reference from "s 106B" to "s 106A" of the relevant legislation. The husband's application for a stay was dismissed. A warrant for possession was issued, authorising the Marshal and other officers to use necessary force to ensure the husband vacated the property by 12 December 2018, granting vacant possession to the wife. The court also directed the husband, wife, and the Australian Taxation Office to cooperate in seeking a consent order from the Federal Court to remove the ATO's registered order from the property title, thereby enabling settlement of the sale. The net proceeds from the sale were to be held in a controlled monies account managed by the solicitors for all parties. Finally, the husband was ordered to pay the wife's costs of his application for a stay.