SIMPSON & SIMPSON

In the Family Court of Australia, Mr Simpson applied for a warrant of possession against Ms Simpson concerning a property at B Street, Suburb C, Australian Capital Territory. This application arose because Ms Simpson had not vacated the property as required by final orders made on 22 August 2017, despite having previously given an undertaking to provide vacant possession. Mr Simpson sought the warrant pursuant to rule 20.54 of the Family Law Rules 2004 (Cth) to compel Ms Simpson to vacate the property and give him vacant possession.

The primary legal issue before the court was whether to issue a warrant of possession to enforce the existing final orders requiring Ms Simpson to vacate the property. A secondary issue concerned the husband's application for a stay of the operation of that warrant. The court also considered an application by the wife filed on 23 March 2018, which was dismissed.

Johns J reasoned that the final orders requiring vacant possession were clear and had not been complied with by Ms Simpson. Consequently, the court ordered that the Marshal and officers of the Australian Federal Police be directed to enter the property, if necessary by force, to cause Ms Simpson to vacate and give vacant possession to Mr Simpson. However, the court also ordered that this warrant of possession be stayed until 12 noon on 8 May 2018, providing Ms Simpson with a specific period to comply voluntarily.

In addition to the warrant and stay, the court ordered Ms Simpson to pay Mr Simpson's costs of these proceedings, fixed at $5,776.00, to be paid from her share of the property's proceeds of sale. All previous costs orders were discharged, and the wife's application filed on 23 March 2018 was dismissed.