COTTON & MORRIS

[2009] FamCA 1159

FAMILY COURT OF AUSTRALIA

COTTON & MORRIS [2009] FamCA 1159

FAMILY LAW - PROPERTY - Review of property settlement orders made by consent by a Judicial Registrar - Consent orders previously made between the parties were infected by a mathematical error which has been cured by a fresh set of Terms of Settlement now jointly propounded by the parties - Orders made in accordance with the proposed Terms of Settlement

Family Law Act 1975 (Cth)

APPLICANT: Mr Cotton

RESPONDENT: Ms Morris

FILE NUMBER: NCC 1441 of 2009

DATE DELIVERED: 20 November 2009

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Justice Austin

HEARING DATE: 20 November 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Not Applicable

SOLICITOR FOR THE APPLICANT: Ms Harris

COUNSEL FOR THE RESPONDENT: Not Applicable

SOLICITOR FOR THE RESPONDENT: Ms Harris, as a courtesy to the Respondent

Orders

BY CONSENT IT IS ORDERED THAT

1. With the consent of the parties, it is ordered in accordance with the document entitled “Terms of Settlement” signed by the parties and/or their legal representatives on  22 October 2009, which is marked Exhibit A and placed with the Court file:

   1.1Order two (2) of the Orders made in the Family Court of Australia on 12 October 2009 be discharged.

   1.2In lieu of that Order, the following Order be made:

   (i)Within twenty one (21) days of the date of these Orders, the husband pay to the wife the sum of $169,353.34.

   (ii)If the said sum is not paid within the period specified, the husband pay to the wife interest thereon, at the rate provided by the Family Law Rules, calculated from the date due on so much thereof as is from time to time outstanding.

   (iii)If the husband refuses to sign (within fourteen (14) days of a written request to do so) any documents necessary to effect the terms of these Orders, the Registry Manager of the Newcastle Registry of the Family Court of Australia is hereby appointed pursuant to the provisions of Section 106A of the Family Law Act to execute such documents on behalf of the husband.

2. Orders 1 and 3 made by the Judicial Registrar on 12 October 2009 are confirmed.

IT IS NOTED that publication of this judgment under the pseudonym Cotton & Morris is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCC 1441 of 2009

MR COTTON

Applicant

And

MS MORRIS

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. Before the Court is an Application in a Case filed by Mr Cotton on 20 October 2009.  The Application requests a review of the orders made by a Judicial Registrar in the Family Court of Australia on 12 October 2009.  Those orders were property adjustment orders, which were made between the parties with their consent.

2. Today, Mr Cotton is represented by Ms Harris, Solicitor, who also has instructions to mention the matter on behalf of Ms Morris, the respondent to the Application.

3. The parties are agreed about the orders which are to be substituted for those previously made by the Judicial Registrar by consent on 12 October 2009.  I am informed that the Consent Orders previously made between the parties were infected by a mathematical error which has been cured by a fresh set of Terms of Settlement now jointly propounded by the parties.

4. As requested, I will make the fresh orders sought mutually by the parties.

5. Accordingly, I make the following orders.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Austin.

Associate: 

Date:  20 November 2009