Truong and Nghiem and Ors

In the matter of *Truong and Nghiem and Ors*, heard by Cronin J, the applicant sought orders relating to a caveat lodged by the respondent. The core of the dispute concerned the respondent's obligation to withdraw this caveat, which had been placed on property.

The court was required to determine whether to order the respondent to take all necessary steps to withdraw the caveat and, in the event of non-compliance, whether a registrar should be authorised to sign the withdrawal on the respondent's behalf. The court also considered the appropriate costs order.

Cronin J ordered that the respondent must take all necessary steps to present a withdrawal of the caveat to the applicant's solicitor by a specified date. Crucially, the court further ordered that if the withdrawal was not received by the deadline, a registrar of the court was authorised, pursuant to section 106A of the *Family Law Act 1975* (Cth), to sign such a withdrawal in the respondent's name. The affidavit of the applicant's solicitor would serve as sufficient evidence of the respondent's non-compliance. The application and response were otherwise dismissed, and the respondent was ordered to pay the applicant's costs.