Biddick and Etier

[2018] FamCA 744

FAMILY COURT OF AUSTRALIA

BIDDICK & ETIER [2018] FamCA 744

FAMILY LAW – BANKRUPTCY – operation of consent orders – effect of bankruptcy – where wife has become bankrupt - where trustee has not made election to continue proceedings within 28 days – where proceedings deemed abandoned – where wife retains aspect of right to litigate – matter re-listed for directions.

Family Law Act 1975 (Cth)
Bankruptcy Act 1966 (Cth) s 60

Sloan v Sloan [2018] FamCA 610

APPLICANT: Ms Biddick

RESPONDENT: Mr Etier

FILE NUMBER: CAC 2015 of 2016

DATE DELIVERED: 20 September 2018

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 10 September 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Wynn, duty lawyer

SOLICITOR FOR THE RESPONDENT: Self-representing

Orders

1. The Amended Application for Final Orders of Ms Biddick, filed 8 March 2018, is deemed abandoned.

2. The Amended Response to Final Orders of Mr Etier, filed 17 April 2018, is adjourned to 17 December 2018 for directions.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 2015 of 2016

Ms Biddick

Applicant

And

Mr Etier

Respondent

REASONS FOR JUDGMENT

1. In the expectation that they would finally resolve all proceedings between them, the parties filed terms to be made by consent, executed by the applicant on 6 July 2018 and by the respondent on 11 July 2018.  They provided, in general terms, for the parties to each retain their property, each to be responsible for their own debts, and that there would be no claim for spousal maintenance.  They also provided for the following order to be made:

   (6) That Ms Biddick immediately cease and desist in publishing (in any form) or verbalising defamatory statements that are directed or pointed or inferred at Mr Etier.  That at all times information held by the parties by either of them remain confidential.  That settlement between the parties confers that all legal disputes between the parties are settled and neither party will commence any proceedings against either party at any time.

2. Given the nature of the dispute between the parties to date, this term was centrally important to the consent resolution.  However, two difficulties arose, which were identified to the parties on 23 July 2018. 

3. Firstly, the power to make the orders at (6) is not apparent.  The parties were unable to provide assistance to identify the head of power under which such orders could be made.  Even if…