Enforcement

It is important that you attempt to resolve the dispute by negotiation and consider whether the enforcement application is the most appropriate and cost effective method of resolving the issue.

Once a property settlement order is made by the Family Court, compliance with same is required. Property settlement proceedings usually include Orders that particular property be transferred from one party to the other, or alternatively that one party pay a certain sum to the other.

When one party does not comply with a Court Order, however, the other party can apply to the Court to seek enforcement of that obligation, and the Court can impose penalties.

It is important that you attempt to resolve the dispute by negotiation and consider whether the enforcement application is the most appropriate and cost effective method of resolving the issue.

At the enforcement hearing, the financial circumstances of the party who is in default of their obligation, will be explored. The Court will also assess whether there is any reasonable excuse for the breach.

If the Court finds that a breach of an order has occurred, it may impose a penalty. There are a range of penalties which may be ordered by the Court and it is important that if you have been served with an enforcement application, that you seek advice from a lawyer about prospect for either the settlement or defence of same.