Dean and Dean

In the Family Court of Australia at Melbourne, Justice Cronin considered an application for consent orders between Mrs Dean (applicant) and Mr Dean (respondent). The matter came before the court after a registrar declined to make the proposed orders, citing concerns about the just and equitable nature of the orders given contradictory statements regarding the parties' contributions. The husband was not present, being in China, and did not appear despite being called.

The court was required to determine whether to make consent orders in the terms proposed by the parties, despite the registrar's reservations and the husband's absence. A key issue was the court's satisfaction that the proposed division of assets was just and equitable, particularly in light of allegations that the husband had dissipated significant marital funds on overseas relationships, estimated to be between $50,000 and $200,000. The court also considered the potential for future applications under section 79A of the Family Law Act if the husband's true financial position became clearer.

Justice Cronin reasoned that while the registrar's concerns were understandable, particularly regarding the husband's alleged dissipation of funds and the resulting uncertainty in the asset pool, the wife had indicated her understanding of the commercial realities and her desire to finalise the matter. The court noted the parties' long relationship, the wife's significant initial contribution of $200,000, her role as homemaker, and the husband's greater earning capacity. Despite these factors, the court found that the proposed division, which heavily favoured the wife, was just and equitable, especially given the husband's sworn affidavit confirming he had received independent legal advice and understood the consequences of the proposed orders.

The court made orders by consent in the terms of minutes marked as exhibit A, dismissing all outstanding proceedings and removing them from the list of cases awaiting hearing. The original minutes, the wife's submissions, and a transcript of the proceedings were directed to remain on the court file. The solicitors for the wife were ordered to engross the minutes and transmit them electronically to the associate.