Tian and Xiao (No. 2)

In *Tian and Xiao (No. 2)*, Gill J considered applications concerning the enforcement of existing family law orders and the variation of those orders. The dispute involved the husband's alleged default on previous orders and the wife's application for injunctive relief to secure compliance with final orders.

The court was required to determine whether to vary the existing orders under s 79A of the *Family Law Act 1975* (Cth) and whether to grant injunctive relief under s 114 of the *Family Law Act 1975* (Cth) to prevent potential non-compliance with final orders. Specifically, the court had to assess if a party had defaulted without fault and if varying an order would be just and equitable, and also whether the evidence suggested a party might not comply with final orders, and if the requested injunction would impose an insignificant burden.

Gill J discharged certain previous orders and amended others to provide for the husband to pay the wife a sum of $93,500 within six months, with interest. The court also imposed specific obligations on the husband regarding the sale of a property, requiring him to notify the wife within 24 hours of retaining a solicitor for the sale and restraining him from refinancing or withdrawing funds related to the property's mortgage. The proceeds of the sale were to be applied first to discharge the mortgage and sale expenses, then to pay the wife $93,500, with the balance to the husband. The parties were ordered to provide a copy of these orders to any real estate agent or conveyancing solicitor involved in the sale.