Skye and Saidel & Anor

In the Federal Circuit Court of Australia, His Honour Macmillan J considered an application by the applicant wife (the Wife) against the first respondent husband (the Husband) and the second respondent, Ms Hewart. The dispute concerned the beneficial ownership of a property located at B Street, Suburb C, Victoria. The proceedings were undefended by the Husband. Two caveats had been lodged over the property by creditors of the Husband, D Pty Ltd and Mr E, to secure business debts.

The court was required to determine whether Ms Hewart was the sole beneficial owner of the property, and consequently, whether the caveats lodged by D Pty Ltd and Mr E constituted valid caveatable interests. The court also had to make orders to give effect to its declarations regarding beneficial ownership and the removal of the caveats.

His Honour applied section 78 of the *Family Law Act 1975* (Cth) to declare that Ms Hewart was the sole beneficial owner of the property, to the exclusion of both the Wife and the Husband. Based on this declaration, the court found that neither D Pty Ltd nor Mr E had a caveatable interest in the property. The court further ordered, pursuant to section 90(3) of the *Transfer of Land Act 1958* (Vic.), that the Registrar of Titles for Victoria remove both caveats from the property's title.

The court made further orders directing the Wife and the Husband to transfer their respective interests in the property to Ms Hewart. These orders included provisions for the Registrar of the Federal Circuit Court to execute documents on behalf of either party if they refused or neglected to do so, and for the Wife to execute certain forms on behalf of both parties. Ms Hewart was also ordered to discharge the existing mortgage and refinance it in her sole name. The court noted that the orders were made with regard to section 81 of the *Family Law Act 1975* (Cth) to finally determine the financial relationship between the parties.