Baker and Tanner

This matter concerned orders made by Benjamin J in the Family Court of Australia between the Applicant, Baker, and the Respondent, Tanner. The dispute involved the division of property and financial matters between the parties.

The court was required to determine the terms of a consent order to resolve the financial relationship between the parties. The orders addressed the payment of a sum of money, the release of liability under a mortgage, the transfer of property and water allocations, and the relinquishment of interest in a family trust. The court also made provisions for the return of subpoenaed documents and exhibits, the dismissal of outstanding applications, and the certification of the reasonableness of engaging counsel.

The court made orders by consent in accordance with a minute of order signed by the parties. These orders stipulated that the Applicant would pay the Respondent $190,000 into the Respondent's solicitors' trust account within 42 days, refinance a Bendigo Bank mortgage into his sole name, and indemnify the Respondent against any liability concerning the Baker Family Trust for the financial year ended 30 June 2012. The Respondent was to transfer her interest in a property and water allocations to the Applicant and relinquish any interest in the Baker Family Trust. Further, the Applicant was to pay the Respondent an additional $10,000 by 30 June 2013. The orders also included provisions for the preparation and cost of property transfers, mutual releases, the exclusive entitlement to property in each party's possession, and the allocation of bank accounts and superannuation. The court appointed the Registrar or manager of the Family Court of Australia at Cairns to execute documents on behalf of a defaulting party, with the affidavit of the solicitor serving as proof of default. Each party was to bear their own costs.