Spoke and Spoke (No. 4)

In *Spoke and Spoke (No. 4)*, Justice Cronin of the Family Court of Australia considered an application by the husband concerning the wife's dealings with real property and a company's banking facility. The dispute arose in the context of ongoing settlement orders made on 2 February 2009, with the husband seeking to restrain the wife's actions and ensure the proper implementation of those prior orders.

The court was required to determine whether to grant interlocutory relief restraining the wife from encumbering or dealing with specific real property and from altering existing security arrangements. Additionally, the court had to consider the wife's obligation to take steps to reinstate a company's banking facility and to be released from liability to ANZ Bank, and the mechanism for enforcing these obligations should the wife fail to comply.

Justice Cronin ordered that the wife be restrained from encumbering or dealing with the real property and from altering security arrangements concerning it, subject to the satisfaction of prior orders by 1 August 2009. The wife was also ordered to take all necessary steps, including signing documents, to reinstate the company's banking facility and to secure her release from liability to ANZ Bank upon fulfillment of the settlement orders. Crucially, pursuant to section 106A of the relevant Act, a Registrar was authorised to sign any necessary documents in the wife's name if she failed to comply within two business days of delivery, with proof of non-compliance to be established by the husband's practitioner's affidavit. The husband's costs of this application were reserved, and the husband's application and the wife's response were otherwise dismissed, with proceedings removed from the hearing list. Liberty was granted to provide a copy of the orders and reasons to ANZ Bank.