Sohrab and Bahar

In the matter of Sohrab and Bahar, Gill J of the Family Court of Australia was required to determine the appropriate orders concerning the division of property between the parties. The dispute involved the transfer of several properties and the discharge of associated mortgages, as well as the closure of a joint bank account.

The central legal issue before the Court was how to effectuate the transfer of property and discharge of encumbrances in circumstances where one party, Mr Sohrab (the respondent husband), was not cooperating. Specifically, the Court had to consider its power to appoint an officer of the Court to execute necessary instruments in the name of the respondent to give effect to the property settlement.

Gill J exercised the Court's power under s 106A(1) of the *Family Law Act 1975* to appoint an officer of the Court to execute the required documents. This included transfers for three properties located in the Australian Capital Territory and New South Wales, as well as discharge authorities for mortgages secured against these properties. The Court also ordered the closure of a joint bank account. The husband's application and the wife's response to certain orders were adjourned to a date to be fixed.