Terzi and Terzi (No 3)

In *Terzi and Terzi (No 3)*, Foster J of the Family Court of Australia considered an application for the enforcement of existing Family Law orders concerning a property. The dispute arose from the husband's alleged breaches of orders that had appointed the wife as trustee for sale, restrained the husband from entering or occupying the property, and granted the wife exclusive occupation. The wife had changed the locks, but the husband had subsequently gained entry and refused to allow inspections by potential lessees or buyers, leading to an application for a Warrant of Possession.

The primary legal issue before the court was whether the husband's actions constituted a contravention of the existing orders, thereby justifying the issuance of a Warrant of Possession to remove him from the property and grant the wife exclusive possession. The court was required to determine if the husband's continued presence and obstruction of the sale process warranted such a significant enforcement measure.

Foster J reasoned that the husband's conduct, including gaining entry after the locks were changed and refusing to facilitate property inspections, demonstrated a clear disregard for the court's previous orders. The court applied the principles of enforcing court orders, particularly in the context of property disposition and exclusive occupation. The judge found that the husband's actions were a direct contravention of the orders and that a Warrant of Possession was an appropriate and necessary remedy to ensure the effective execution of the trustee for sale orders and the wife's exclusive occupation.

Consequently, the court ordered that a warrant issue to the Australian Federal Police, assisted by the New South Wales Police, to remove the husband from the property and place it in the wife's possession. The husband was further restrained from entering the property or having anyone act on his behalf at the property, and from coming within 250 metres of it. The husband was also ordered to pay the wife's costs of the application, to be paid from the proceeds of sale of the property.