Commett and Commett (No 2)

[2013] FamCA 753

FAMILY COURT OF AUSTRALIA

COMMETT & COMMETT (NO 2) [2013] FamCA 753

FAMILY LAW – adjustment of settlement

APPLICANT: Ms Commett

RESPONDENT: Mr Commett

INTERVENOR:

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 7578 of 2012

DATE DELIVERED: Thursday, 8 August 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 8 August 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Tynan

SOLICITOR FOR THE APPLICANT: Schetzer Constantinou

COUNSEL FOR THE RESPONDENT: Mr Constantinou

SOLICITOR FOR THE RESPONDENT: Taussig Cherrie Fildes

Orders

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 7578 of 2012

Ms Commett

Applicant

And

Mr Commett

Respondent

REASONS FOR JUDGMENT

1. In this matter, I have before me Mr Constantinou for the husband and Ms Tynan for the wife.  Both parties are represented by very experienced family law solicitors.  I have had the opportunity of reviewing the minutes and of hearing submissions from solicitors for both parties.  They have provided me with a background of this matter.  It is a long marriage, the parties having commenced cohabitation in 1999 and separated in 2012.  They have two children, aged 12 and 11.  The husband is in employment.  The wife is a homemaker.

2. The parties have assets in the range of between $3 to $3.6 million.  The resolution of the matter, as provided in the minute handed to me this day, provides an adjustment to the wife of between 62 per cent and 74 per cent, depending on whose asset pool is relied upon.  I am informed by the parties’ representatives that this is a settlement that is a true compromise.  It is a commercial resolution.  It brings to a conclusion litigation that has been on foot since approximately 2011. 

3. In the circumstances, I am satisfied that the orders are appropriate, that they are just and equitable, and I am content to make orders in the terms of the minute.  I propose that the minutes be marked with the letter A and remain on the court file..

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 8 August 2013.

Associate:  Alison Power

Date:  8 August 2013