SOBHAL & UGRI

In the Family Court of Australia, Johns J considered an application by the wife against the husband concerning the enforcement of consent orders made on 8 November 2017. The dispute centred on the husband's failure to comply with these orders, specifically regarding the sale of a property located at B Street, Suburb C, Victoria. The husband did not attend the hearing, but the Court was satisfied that he had been afforded procedural fairness in relation to the current application. The wife sought orders to facilitate the sale of the property, which was encumbered by various creditors' registered interests, and expressed concern that the husband would obstruct the sale process, particularly in light of offensive communications he had sent to her and her solicitors.

The primary legal issues before the Court were whether to appoint the wife as trustee for the husband in relation to the sale of the Suburb C property, and what ancillary orders were necessary to ensure the property could be sold and vacant possession provided. The Court also had to consider whether to grant an injunction restraining the husband from interfering with the sale or attending the property, and whether to make an order for costs against the husband.

Johns J reasoned that given the husband's non-compliance and the wife's concerns about his future conduct, it was appropriate to appoint the wife as trustee for the husband to manage the sale of the property. This appointment empowered the wife to take all necessary steps to effect an orderly sale, including appointing a real estate agent and signing relevant documents. The Court also ordered the husband to vacate the property within 14 days and to leave it in a neat and tidy condition. To prevent further obstruction, the husband was restrained by injunction from attending within 100 metres of the property and from interfering with its sale. Finally, the Court ordered the husband to pay the wife's costs of the application.