Clarke and Edgerton

This matter concerned financial and parenting applications between an applicant father and a respondent mother, heard by Macmillan J. The dispute revolved around the division of property and the resolution of financial obligations between the parties. The orders made by the court were by consent, indicating an agreement between the father and mother on the terms of the settlement.

The court was required to determine the terms of a consent order that would finally determine the financial relations between the parties, as far as practicable, and avoid further proceedings. This involved allocating specific properties, including a property at B Street, Suburb C, and real property in Country D to the mother, and a property at E Street, Suburb F, to the father. The orders also addressed the discharge of mortgages, indemnities for outgoings and debts, and the division of other assets and liabilities.

The court's reasoning was based on the consent of the parties, as evidenced by the notation that the orders were made by consent pursuant to section 81 of the *Family Law Act 1975* (Cth). This section allows for the final determination of financial relations between parties to avoid further litigation. The orders reflect a comprehensive division of assets and liabilities, including the allocation of real estate, the responsibility for mortgages and outgoings, and the settlement of various debts and entitlements. The court also made provisions for the management of funds held in trust for a child and for liberty to apply in the event of default.

By consent, the court ordered the respondent mother to retain the Suburb C property and properties in Country D, while the applicant father was to retain the E Street property. The mother was to discharge the Citibank mortgage on the Suburb C property by a specified date, failing which the property was to be sold. The parties were to indemnify each other in relation to various outgoings and debts. All extant financial applications were dismissed, and parenting applications were adjourned.