Bachman & Donohoe (No. 2)
[2021] FedCFamC1F 286
•10 December 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Bachman & Donohoe (No. 2) [2021] FedCFamC1F 286
File number(s): SYC 8527 of 2020 Judgment of: REES J Date of judgment: 10 December 2021 Catchwords: FAMILY LAW Division: Division 1 First Instance Number of paragraphs: 6 Date of last submission/s: 7 December 2021 In Chambers: 10 December 2021 Place: Sydney Counsel for the Applicant: Mr Stewart Solicitor for the Applicant: Dorter Family Lawyers And Mediators Counsel for the Respondent: Mr Wong Solicitor for the Respondent: Reid Family Lawyers ORDERS
SYC 8527 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS BACHMAN
Applicant
AND: MR DONOHOE
Respondent
ORDER MADE BY:
N/A
DATE OF ORDER:
N/A
NO ORDERS MADE
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Bachmann & Donohoe has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Rees J:
On 30 November 2021, I delivered reasons and made orders setting aside a financial agreement between Ms Bachman (“the applicant”) and Mr Donohoe (“the respondent”).
In the course of those proceedings, it became apparent that the parties may have improperly avoided the payment of stamp duty on the transfer of a residential property.
The parties were invited to make written submissions as to the course of action that should be taken consequent on that evidence.
Both parties have filed submissions.
The applicant’s submissions revealed that she has instructed her solicitor to write to Revenue New South Wales making notification of the unpaid duty. The letter was written on 6 December 2021.
I accept that no further action is now required to be taken by the court, the matter having been brought to the attention of the relevant authority.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees. Associate:
Dated: 10 December 2021
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