Cranney & Anor and Soper & Ors

[2012] FamCA 161

FAMILY COURT OF AUSTRALIA

CRANNEY AND ANOR & SOPER AND ORS [2012] FamCA 161

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANTS: Ms Cranney and Mr M Cranney

1st RESPONDENT: Ms Soper

2^nd RESPONDENT: Mr J Cranney

3^rd RESPONDENT: Mr Kent

FILE NUMBER: TVC 698 of 2008

DATE DELIVERED: 6 February 2012

PLACE DELIVERED: Townsville

PLACE HEARD: Townsville

JUDGMENT OF: Murphy J

HEARING DATE: 6 February 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANTS: Ms Evans of Dillon Lawyers

THE RESPONDENTS: No appearance by any Respondent

Orders

IT IS ORDERED BY CONSENT THAT

1. Pursuant to Rule 10.17 of the Family Law Rules 2004, Orders, declarations and notations be made in terms of the document titled “Minutes of Consent” sealed and attached hereto.

IT IS ORDERED THAT

1. All extant applications be otherwise dismissed and removed from the list of cases awaiting finalisation.

2. All subpoenaed documents be returned to the persons or institutions from which they emanated and all exhibits are returned to the person or persons who tendered the same.

3. Pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

IT IS DIRECTED THAT

1. The Minutes of Consent remain upon the Court file.

IT IS NOTED that publication of this judgment under the pseudonym Cranney and Anor & Soper and Ors is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT TOWNSVILLE

FILE NUMBER: TVC 698 of 2008

Ms Cranney and Mr M Cranney

Applicants

And

Ms Soper

1^st Respondent

And

Mr J Cranney

2^nd Respondent

And

Mr Kent

3^RD Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. This matter came before me in the duty list this morning. The solicitor appearing for the applicant indicated that a notice of abuse had been filed in these proceedings. Accordingly, it is necessary for the Court to satisfy itself in terms of the provisions of rule 10.15A of the Family Law Rules 2004.

2. The solicitor for the applicant informs the Court of the means by which the orders, otherwise made by consent between all of the parties, attempt to deal with those issues that were the subject of the notice of abuse filed in these proceedings.

3. The record will reveal what the solicitor for the applicant said in that respect.

4. I am satisfied in all the circumstances by reference to the matters raised by her that the issue of abuse has been dealt with appropriately and the orders made by consent. 

5. I am otherwise satisfied that the orders as presented are in the best interests of S born in February 2003, and L born in March 2007.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Murphy delivered on 6 February 2012.

Associate: 

Date:  23 March 2012