SITWELL & SITWELL

In the matter of *Sitwell & Sitwell*, Collier J considered an application by the wife to enforce final property orders made by consent on 19 October 2011. The dispute concerned compliance with these orders, specifically in relation to a self-managed superannuation fund and the transfer of a parcel of land to the husband. The wife also sought the appointment of a trustee to sell a business entity, which was the subject of a contract for sale requiring completion or termination before such an appointment could be considered.

The court was required to determine whether to grant the wife's applications for enforcement and the appointment of a trustee. Additionally, the respondent husband sought an adjournment of these applications, and the court had to consider the merits of this request and the wife's subsequent application for costs thrown away due to the adjournment.

Collier J granted the adjournment sought by the husband to allow him to obtain legal advice. However, the court also considered the wife's application for costs thrown away, placing weight on the husband's conduct during the proceedings. Applying the relevant considerations under subsection 117(2A) of the *Family Law Act 1975* (Cth), the court ordered the husband to pay the wife's costs thrown away in the sum of $4,800, to be paid within two months. The court also made specific orders regarding the transfer of land to the husband within seven days, noting that failure to comply would result in the wife relisting the matter to seek further costs. The proceedings were adjourned to a later date, with directions for the filing and service of further material.