Bowen and Bowen and Anor

This matter concerned a complex property dispute between Ms Bowen (the applicant) and Mr Bowen (the respondent), with Bowen Pty Ltd joined as a second respondent. The proceedings involved significant business and investment assets, and the parties had reached a consent agreement regarding the division of these assets. The court was asked to make orders by consent, including the joinder of Bowen Pty Ltd to facilitate certain aspects of the settlement.

The primary legal issues before the court were whether the proposed consent orders were just and equitable in all the circumstances, and whether the joinder of Bowen Pty Ltd and the orders binding it were appropriate. Specifically, the court needed to be satisfied that the corporation had been afforded procedural fairness and consented to the orders, and that the overall settlement achieved the legislative objective of bringing the parties' financial relationships to an end as far as practicable.

Justice Murphy noted that the parties had resolved complex valuation issues and agreed that the wife's entitlement would be paid by instalments to avoid jeopardising the business structure. The court was satisfied that the husband, as sole director and shareholder of Bowen Pty Ltd, had confirmed the corporation's procedural fairness, lack of prejudice, and consent to the orders. Applying section 81 of the Family Law Act 1975 (Cth), which mandates the finalisation of financial arrangements, the court found the consent orders to be just and equitable.

The court made orders by consent, including the joinder of Bowen Pty Ltd as a party and the implementation of the terms of settlement detailed in Exhibit 1. All other extant applications were dismissed, and exhibits and subpoenaed documents were to be returned. The minutes of consent were to remain on the court file.