Able and Able

[2009] FamCA 497

FAMILY COURT OF AUSTRALIA

ABLE & ABLE [2009] FamCA 497

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Able

RESPONDENT: Mr Able

FILE NUMBER: MLC 8048 of 2008

DATE DELIVERED: 3 June 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 3 June 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr P. Royston

SOLICITOR FOR THE APPLICANT: Lander & Rogers

COUNSEL FOR THE RESPONDENT: Mr E.J.S. Szabo

SOLICITOR FOR THE RESPONDENT: Moores Legal

Orders

1. That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

2. That the solicitor for the husband engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

IT IS NOTED that publication of this judgment under the pseudonym Able & Able is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8048 of 2008

MS ABLE

Applicant

And

MR ABLE

Respondent

REASONS FOR JUDGMENT

1. This is an application that was in fact in my trial list and was to be heard in the weeks ahead.  It resolved in the sense that the parties have finalised all financial matters by way of a financial agreement.  So, to that extent the court does not need to be involved at all. 

2. In relation to the children's matters, this one of those sadly unusual cases in the system at the moment where the parties are in fact working out things without the intervention of the court, and have taken the step that I suggested of stepping outside of the system and having the parenting issues resolved with the assistance of an expert and then coming back in the event that they do not resolve the issues amongst themselves.  In other words, the sword of Damocles is not hanging over their heads and they can work like sensible parents.

3. I am very pleased to be able to say that the orders that they have arrived at on a temporary basis are very sensible, and I commend them for approaching the matter they way they have.

I certify that the preceding Three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date: 11 June 2009