Bent and Bent and Ors

[2012] FamCA 909

FAMILY COURT OF AUSTRALIA

BENT & BENT AND ORS [2012] FamCA 909

FAMILY LAW – Children and Property orders made by consent

Family Law Act 1975 (Cth)

APPLICANT: Mr Bent

1^ST RESPONDENT: Ms Bent

2^ND RESPONDENTS: Mr and Ms A

FILE NUMBER: BRC 2725 of 2011

DATE DELIVERED: 27 September 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Murphy J

HEARING DATES: 24 - 27 September 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Kearney

SOLICITOR FOR THE APPLICANT: Hopgood Ganim

COUNSEL FOR THE 1^ST RESPONDENT: Mr North SC with Mr Waterman

SOLICITOR FOR THE 1^ST RESPONDENT: Anthony Black Family Law Services

COUNSEL FOR THE 2^ND  RESPONDENTS: Mr De Jersey

SOLICITOR FOR THE 2^ND RESPONDENTS: Moores Legal

Orders

IT IS ORDERED BY CONSENT THAT

1. Pursuant to Rule 10.17 of the Family Law Rules 2004, Orders, declarations and notations be made in terms of the document titled “Minutes of Consent” sealed and attached hereto.

IT IS FURTHER ORDERED THAT

1. Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

2. All extant applications be otherwise dismissed and removed from the list of cases awaiting finalisation.

3. Following the expiration of the Appeal period, all subpoenaed documents be returned to the persons or institutions from which they emanated and all exhibits are returned to the person or persons who tendered the same.

IT IS DIRECTED THAT

1. The Minutes of Consent remain upon the Court file.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bent & Bent and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 2725 of 2011

Mr Bent

Applicant

And

Ms Bent

1^st Respondent

And

Mr & Ms A

2^nd Respondents

EX TEMPORE

REASONS FOR JUDGMENT

1. The trial of this matter involved both parenting issues and issues in relation to settlement of property. 

2. Insofar as parenting issues are concerned they pertain to the party’s only child, B, born in November 1998.  It will be observed that he is coming up 14 years of age.  Issues in relation to B emerge from the reports that have been prepared and are in evidence before me. 

3. The parties have reached agreement in respect of the parenting arrangements in respect of the child.  In my view, the minutes of consent make provision for the issues pertaining to this 14 year old boy appropriately and take account of the matters raised by Ms C in her report and more peripherally by Mr D to whom Ms C had regard.  In that respect the orders provide specifically for there to be a session between Mr D and the child as soon as can be arranged immediately after the making of these orders. 

4. I am satisfied that the minutes of consent insofar as they pertain to parenting issues are in the child’s best interests and I propose to make orders by consent accordingly. 

5. The issues in relation to settlement of property involved, at the commencement of the hearing, a third party, namely, the father’s parents.  They were separately represented in these proceedings and assertions were made in respect of amounts of money said to be owed to them pursuant to an agreement. 

6. On the second day of trial agreement was reached between the parties insofar as any orders might affect the third parties and orders were made by me by consent. The effect of which was to provide for a specific payment to them and they were then excused from the proceedings. 

7. Subsequently, the parties and their respective legal advisers entered into what has transpired to be lengthy negotiations with a view to resolving all issues outstanding between them in relation to settlement of property. 

8. Those issues might be seen to involve some complexity by reference to what I will broadly call the business interests of the parties which are referred to at length within the orders.  In particular, as is clear from evidence given by Mr E, the party’s accountant at the outset of the trial, there are a number of taxation issues that are either live or might potentially be live as between the parties. 

9. It is plain from the terms of the agreement and from what had earlier been indicated by counsel in terms of negotiations that Mr E’s input was crucial to the parties being able to reach agreement and ultimately the agreement arrived at between them. 

10. I have read the material in this case.  I am satisfied by reference to the terms of the minutes of order that they are just and equitable within the meaning of section 79 of the Act.

I certify that the preceding ten (10) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Murphy delivered on 27 September 2012.

Associate: 

Date:  6 November 2012