Unfortunately, from time to time a party to property Court Orders will be in default of their obligations under Court Orders or a Binding Financial Agreement (BFA). This situation can arise whether the property Orders were made by Consent or by Order of a Judge upon conclusion of a trial. (Binding Financial Agreements are always made by Consent).
This situation can be not only frustrating to one or both parties, but also costly. At Sanicki Lawyers, we understand that Court Orders and Binding Financial Agreements are made to be complied with, and we can assist you to enforce the Orders.
Sometimes the most powerful and efficient way to ensure Orders are complied with is by bringing an Enforcement Application in the Court. Such an Application will usually include a request that a Registrar of the Court be empowered to sign all documents and do all things necessary instead of the defaulting party to transfer assets (for example), but also that the defaulting party pay interest and costs to the wronged party.
If you have property Orders or a Binding Financial Agreement (BFA) that has not been complied with and you want those Orders or the Binding Financial Agreement (BFA) enforced, Sanicki Lawyers can help you.
Likewise, if you are in default of your obligations under Court Orders or a Binding Financial Agreement (BFA) and you would like assistance to resolve a dispute that has arisen with your former spouse or partner as a result, or you wish to defend an Enforcement Application that has been brought before the Court – we can assist you as well.
Feel free to contact Stephanie Hope, Senior Associate and Head of Family Law at Sanicki Lawyers at firstname.lastname@example.org .au or call on 03 95109888 if you would like to arrange a confidential advice session.