SORRENSEN & SORRENSEN
Case
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[2016] FamCA 1132
•14 December 2016
Details
AGLC
Case
Decision Date
SORRENSEN & SORRENSEN [2016] FamCA 1132
[2016] FamCA 1132
14 December 2016
CaseChat Overview and Summary
In the matter of *Sorrensen & Sorrensen*, Forrest J considered an application by the wife for enforcement orders following the husband's failure to comply with previous property settlement orders made on 8 May 2015. The hearing of the wife's application for enforcement had previously been adjourned to allow the husband an opportunity to comply, but he had still failed to do so.
The court was required to determine how to ensure the husband's compliance with specific orders relating to property settlement, particularly those concerning the division of superannuation and the return of personal property. The court also had to consider the appropriate costs order given the husband's non-compliance.
To ensure timely compliance with orders 29 to 35, which related to the superannuation split, Forrest J appointed the wife as trustee of the husband, both personally and in his capacity as director of Sorrensen Super Pty Ltd. This appointment empowered the wife to execute documents on the husband's behalf, instruct accountants for necessary calculations and documentation, and conduct meetings and votes as required to give effect to the superannuation split. Regarding order 37, which required the husband to provide photos and photo albums, the court ordered that he do so within seven days. If he failed to comply, a warrant would issue authorising an enforcement officer to seize the specified items. The husband was also ordered to pay the wife's costs associated with the issue and execution of any such warrant.
Finally, the husband was ordered to pay the wife's costs in relation to the enforcement application, with the amount to be fixed. The wife's solicitors were directed to file a schedule of costs by 21 December 2016, and the husband was given until 6 January 2017 to file any response.
The court was required to determine how to ensure the husband's compliance with specific orders relating to property settlement, particularly those concerning the division of superannuation and the return of personal property. The court also had to consider the appropriate costs order given the husband's non-compliance.
To ensure timely compliance with orders 29 to 35, which related to the superannuation split, Forrest J appointed the wife as trustee of the husband, both personally and in his capacity as director of Sorrensen Super Pty Ltd. This appointment empowered the wife to execute documents on the husband's behalf, instruct accountants for necessary calculations and documentation, and conduct meetings and votes as required to give effect to the superannuation split. Regarding order 37, which required the husband to provide photos and photo albums, the court ordered that he do so within seven days. If he failed to comply, a warrant would issue authorising an enforcement officer to seize the specified items. The husband was also ordered to pay the wife's costs associated with the issue and execution of any such warrant.
Finally, the husband was ordered to pay the wife's costs in relation to the enforcement application, with the amount to be fixed. The wife's solicitors were directed to file a schedule of costs by 21 December 2016, and the husband was given until 6 January 2017 to file any response.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Jurisdiction
Actions
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Citations
SORRENSEN & SORRENSEN [2016] FamCA 1132
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