Tansel & Dellos (No 3)

This matter concerned an application by the Wife seeking enforcement of final property orders made on 16 April 2021 in the Federal Circuit Court of Australia. The dispute centred on the sale of the former matrimonial home, the G Street, Suburb H Property, which the Husband had allegedly failed to cooperate with. The Wife sought orders to compel the Husband's compliance with the sale process and to facilitate the property's sale.

The primary legal issues before the Court were whether the Husband had failed to cooperate in the sale of the G Street, Suburb H Property as required by the Final Orders, and if so, what orders were necessary to enforce those Final Orders and facilitate the sale. The Court was also required to consider the Wife's application for indemnity costs.

Her Honour Judge C.E. Kirton QC found that the Husband had not cooperated in the sale of the property, despite being given an opportunity to do so. This conclusion was based on the affidavit material filed by the Wife and her nominated real estate agent, Mr CCC, which remained uncontroverted by any affidavit from the Husband. The Court applied the principle that where parties are granted liberty to apply to give effect to orders, and one party fails to comply, the Court will make such orders as are necessary to ensure compliance. The Court also noted the extensive history of the proceedings, which had commenced in 2018.

The Court ordered that the Husband vacate the G Street, Suburb H Property within seven days, grant the Wife sole use and occupation pending sale, and deliver all necessary items for accessing and securing the property. The Wife was authorised to arrange for repairs and cleaning if the Husband failed to leave the property in a saleable condition, with the costs to be deducted from the Husband's share of the sale proceeds. The Court also made orders regarding the filing and service of summaries of costs, with the Wife to be permitted to file and serve any reply to the Husband's submissions on costs. In the event of the Husband's failure to vacate, a warrant for possession was to issue.