Sweyne and Suter

In the matter of *Sweyne and Suter*, Bennett J of the Family Court of Australia considered an application by the husband concerning the transfer of real property. The dispute centred on the wife's interest in a property located in Victoria, which the husband sought to have transferred to him pursuant to earlier court orders. The wife did not attend court for the hearing of the husband's application.

The primary legal issue before the court was whether to make orders authorising the execution of a transfer of the wife's interest in the specified real property to the husband. This involved considering the court's power to enforce its previous orders and the appropriate means to achieve the transfer of property interests. The court also had to determine the husband's costs of the application and the terms upon which the wife might seek to vary or set aside any orders made.

Bennett J applied section 106A of the *Family Law Act 1975* (Cth), which empowers the court to appoint a Registrar to execute documents on behalf of a party to give effect to court orders. The court reasoned that given the wife's failure to attend court and the need to give effect to the prior orders of 3 July 1979, it was appropriate to appoint a Registrar to execute the transfer of the wife's interest in the property to the husband. The court also ordered that the wife pay the husband's costs of the application, with liberty reserved to the wife to apply to vary or set aside the orders within twenty-one days, provided she filed an affidavit explaining her non-attendance. The husband's application was otherwise dismissed.