Bergman and Bergman and Ors

[2009] FamCA 632

FAMILY COURT OF AUSTRALIA

BERGMAN & BERGMAN AND ORS [2009] FamCA 632

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Bergman

RESPONDENT: Mr Bergman and Ors

THIRD PARTY: B Pty Ltd

THIRD PARTY G Pty Ltd

THIRD PARTY M Pty Ltd

THIRD PARTY R Nominees Pty Ltd

FILE NUMBER: MLF 5254 of 2003

DATE DELIVERED: 19 June 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 19 June 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr A.Van der Heyden

SOLICITOR FOR THE APPLICANT: Marshalls & Dent

COUNSEL FOR THE RESPONDENT: Ms Roubos

SOLICITOR FOR THE RESPONDENT: Caroline Counsel Family Lawyers

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 wife 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 Bergman & Bergman and Ors is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 5254 of 2003

MS BERGMAN

Applicant

And

MR BERGMAN AND ORS

Respondent

B PTY LTD

Third Party

G PTY LTD

Third Party

M PTY LTD

Third Party

R NOMINEES PTY LTD

Third Party

REASONS FOR JUDGMENT

1. This is a property matter that has been in the court's list for a number of years which is evident from the fact that it carries the 2003 file number.  It has, even from my knowledge as the manager of the Victorian list, caused an enormous amount of judicial resources to be used for the benefit of the parties.  The parties, to their eternal credit, have today come to a compromise culminating in orders which I am about to pronounce. 

2. Those orders involve a very complicated set of commercial transactions and each party has indicated a different approach to what it really  means.  From the wife's perspective, she says she is getting about $1.75 million but there are debts involved.  The husband equally is getting about $1.4 million but he takes on an enormous tax debt which has yet to be clarified.  He takes on a development in Fiji about which there is uncertainty because of the political unrest there, and he also takes on the problem, if I can describe it that way, of an unresolved cost dispute which is currently before Young J. 

3. The cost dispute was, as I understand it, stopped from being resolved by virtue of an appeal and the parties have handed to me minutes consenting to dismissal of that appeal which I shall arrange to have delivered to the Full Court.  But the dismissal of the appeal effectively enables the unresolved cost issues between the husband and a Mr Porter and a Mr Sarinsson to be resolved.  As I understand, various submissions have already been made in respect of those matters.

4. My task today is to endorse the orders if I am prepared to say that in the circumstances they are just and equitable.  I am a little concerned about the fact that these orders are being made in the absence of Mr Porter and Mr Sarinsson, but it will be brought to their attention by the court that the cost issue is the only matter that it is now outstanding, and that can be resolved by orders.

5. These orders have a very strong commercial reality ring about them.  On the basis that both parties have had an enormous amount of assistance from the legal representatives involved in both sides, I am satisfied that these orders are just and equitable in the circumstances.  Accordingly in the matter of Bergman, I will make orders by consent of the parties in the terms of the minutes, noting that I have amended them slightly in red and I will ask the solicitor for the wife to email an amended copy of the minutes within seven days to my associate.

I certify that the preceding Five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  10 July 2009