Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the debtor spouse refuses to comply with court-ordered non-monetary obligations (such as signing a transfer of land, conveyancing deeds, or share transfer instruments) and you require a court registrar or named officer to execute the document in the debtor's name.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying Section 106A of the Family Law Act 1975 (Cth).
The Process at a Glance: The lawyer assesses the debtor's default, drafts the transfer documents, and issues a final 14-day compliance demand. If the default persists, the lawyer drafts and files a Form 9 Application in a Proceeding and supporting Affidavit seeking Section 106A orders. The application is served personally on the debtor. At the hearing, the court appoints a registrar to sign the instrument. The registrar signs the document, which is then lodged at the state land registry to execute the transfer.
Key Legislation and Case Law: Governing law is Section 106A of the Family Law Act 1975 (Cth). If a party fails to execute an instrument ordered by the court, the court may appoint a registrar to execute the instrument, which has the same effect as if executed by the defaulting party. Costs are typically ordered against the defaulting party on an indemnity basis.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Enforcement Warrant - Seizure and Sale of Property (Payee) - Section 106A Instrument Execution Track matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.