Brown & Brown

[2004] FamCA 1067

FAMILY LAW ACT 1975

IN THE FAMILY COURT OF AUSTRALIA

AT   No. SYF 9777 of 1992

IN THE MATTER OF:	MS BROWN	Applicant Wife
AND	MR BROWN	Respondent Husband

REASONS FOR JUDGMENT

CORAM:	O’Ryan J
DATE OF HEARING:	18 October 2004
DATE OF JUDGMENT:	17 November 2004

APPEARANCES:

Counsel A1	Of Senior Counsel appeared on behalf of the Applicant Wife.
Counsel E1	Of Senior Counsel appeared on behalf of the Respondent Husband.

Introduction

1. There are pending applications by Mrs Brown (‘the wife”) for variation of a property order pursuant to s 79A Family Law Act 1975 (Cth) varied and for spousal maintenance, enforcement of child maintenance and variation of a child support agreement. The husband Mr Brown opposes the relief sought by the wife.

2. Before me for hearing is an application by the wife to strike out the Response(s) of the husband to all applications.  The consequence would be that the applications of the wife would proceed to finalisation on an undefended basis.

3. On 28 January 1993 the following final orders were made by consent in the Family Court at the request of the parties:

   “1.     That within 28 days of being requested so to do by the wife and at her election:

   (a)the husband shall procure a discharge of the mortgage to [P Finance Company] and shall execute and deliver to the wife a transfer to the wife in registerable form of the [JR] property; or

   (b)pay to the wife the sum of $500,000.

   2.      That within 90 days from the date of these orders the wife shall resign all directorships and all positions and all offices in the companies.

   3.       That prior to the wife's resignation the husband and the wife as directors of [BH Company] will pass such resolutions as are necessary and execute such documents as are necessary to cause [CW Company] to cause the [T Street unit] to be transferred to the wife. The benefit resulting to the wife is to be a capital distribution from the [G] Trust, and the husband is thereafter to cause appropriate entries to be made in the accounts of the trust and of [CW Company] as he may be advised to record that distribution.

   4.       At the husband's option and upon his request, prior to the wife's said resignation, the husband and the wife as directors of [BH Company], will pass such resolutions as are necessary to cause [CW Company] to cause the home to be transferred to the husband. The benefit resulting to the husband is to be a capital distribution to him from the [G] Trust and the husband is thereafter to cause appropriate entries to be made in the accounts of the trust and of [CW Company] as he may be advised to record that distribution.

   5.      The respondent [CW Company] is ordered to execute the transfers referred to in order 3 and 4 hereof.

   6.       That within 90 days from the date of these orders the husband prepare and the wife execute a transfer…