by Willo  28/01/2019  364 Page Views
9 Comments  Family & de facto law, financial agreements, consent orders
Hi all,

I am contingency planning for if ex misses an upcoming deadline to pay me an amount required by our orders. Obviously I will also seek legal advice from my long suffering and excellent solicitor but interested if anyone has a view about this situation.

The relevant elements of the orders are as follows:
[QUOTE]- Ex shall pay Willo the amount of $x by date X.

- The property at P shall be sold in the event of any of the following:
     (list includes if ex fails to make payment above by the due date)

- When property is sold:
     - Auctioneer as agreed or as recommended by Real Estate Institute.
     - Conveyancing solicitor as agreed or as recommended by Law Society.[/QUOTE]
The orders also provide for a registrar of the court to sign documents and do things on behalf of a defaulting party.

Ex is registered owner of property P and has no other property or possessions that could be sold to generate the amount I am owed.

My question is - if payment is not received by the due date would the next step be to seek that the Registrar sign documents to appoint the auctioneer and solicitor for sale of the property? Or would an Enforcement Warrant be required?

Thanks            Willo2019-01-28 18:50:35