Senfl & Antinoni

This matter concerned an application by Ms Senfl (the Applicant) against Mr Antinoni (the First Respondent) and Ms Vogel (the Second Respondent) for the enforcement of final property orders made on 5 December 2019. The dispute centred on the First Respondent's failure to pay $70,000 to the Applicant by 22 May 2020, a payment that was guaranteed by the Second Respondent. The application was heard by Hartnett J in the Federal Circuit and Family Court of Australia.

The court was required to determine whether to dismiss the proceedings against the Second Respondent, the Applicant's entitlement to costs against the First Respondent, and the removal of certain caveats lodged by the Applicant. The court also needed to consider the circumstances surrounding the outstanding payment and the efforts made by the Applicant to enforce the final orders.

Hartnett J reasoned that the Second Respondent, while initially not providing material to the court, ultimately negotiated a resolution with the Applicant, resulting in the payment of the $70,000. This payment was made by the Second Respondent on 17 May 2021, satisfying the obligation under the final orders. The court noted the Applicant's solicitor's extensive efforts to engage the First Respondent, who failed to provide any timeline for payment and instead sought an adjournment. Given the Second Respondent's payment and the Applicant's decision not to pursue an interest claim against her, the court dismissed the proceedings in relation to the Second Respondent with no order as to costs. The court also ordered the Applicant to remove specific caveats at her own expense.

Pursuant to section 117 of the *Family Law Act 1975* (Cth), the court ordered the First Respondent to pay the Applicant's costs relating to an application dated 22 April 2021 in the sum of $10,000, acknowledging the First Respondent's lack of engagement and the Applicant's difficult personal circumstances. All other extant applications were dismissed, and the matter was removed from the trial list.