TENNANT & TENNANT

In the matter of *Tennant & Tennant*, Carew J of the Family Court of Australia considered an application to enforce a final property order. The applicant sought various orders, including reimbursement for rental costs allegedly incurred due to the respondent's delay in releasing the applicant from guarantees, payment of interest on a superannuation split, and the provision of family photos and videos. The respondent sought payment of and interest on an outstanding base amount related to the superannuation split.

The primary legal issues before the Court were whether the respondent should be ordered to meet the applicant's rental costs, whether the Court possessed the power to make an order for damages in this context, whether the respondent had complied with the order to provide family photos and videos, and whether interest should be paid on the superannuation split. Additionally, the Court had to determine whether the respondent was entitled to payment of and interest on an outstanding base amount for the superannuation split, and finally, the entitlement of either party to the costs of the application.

Regarding the rental costs, the Court found no evidence of a causal connection between the respondent's delay and the applicant incurring rental expenses, nor did it find any source of power under the *Family Law Act 1975* (Cth) to make an order for damages. The Court was satisfied that the respondent had complied with the order to provide family photos and videos. Concerning the superannuation split, the Court noted a lack of evidence regarding the calculation of the base amount in accordance with the *Family Law (Superannuation) Regulations 2001* (Cth). The Court ordered that the parties retain an accountant to calculate this base amount and obtain an invoice for the expenses associated with giving effect to the payment split.

Finally, the Court ordered that each party bear their own costs of the application.