Dellorto and Petrazzolla

[2008] FamCA 369

FAMILY COURT OF AUSTRALIA

DELLORTO & PETRAZZOLLA [2008] FamCA 369

FAMILY LAW – PROPERTY SETTLEMENT – Consent orders

Family Law Act 1975 (Cth)

APPLICANT: Ms Dellorto

RESPONDENT: Mr Petrazzolla

FILE NUMBER: MLF 1989 of 2006

DATE DELIVERED: 31 March 2008

PLACE DELIVERED: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 31 March 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Berger Kordos

SOLICITOR FOR THE APPLICANT: Ms Leonard

COUNSEL FOR THE RESPONDENT: Marshalls & Dent

SOLICITOR FOR THE RESPONDENT: Mr Van Der Heyden

Orders

1. That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

2. That the solicitor for the husband engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 1989 of 2006

MS DELLORTO

Applicant

And

MR PETRAZZOLLA

Respondent

REASONS FOR JUDGMENT

1. This is a matter in which I have had the benefit of reading the file.  It is a marriage of some 10 years, with three children under the age of 18 years.  The youngest child has not long turned three and the oldest child is not far off eight years of age. 

2. The parties have, in a very comprehensive document that would have otherwise been given to a registrar to deal with in chambers, set out the break‑up of the pool of assets and how each of them sees the division.  The husband's perception, which I presume is confirmed by the wife, is that she is getting about 78 per cent of the pool of assets and he is getting about 22 per cent.  There are also orders in relation to the question of an education fund, which seems very sensible, and I am told that that is outside of the periodic payments for child support.

3. The other significant thing which is creative and sensible, it seems, in this case is that the parties have agreed that in the event that the house is sold by the husband, who is going to be the sole proprietor of it after he settles with the wife, in under five years, then, subject to some adjustments to the value by the Consumer Price Index, the wife gets a share of effectively any profit that he ultimately makes. 

4. Having regard to the work that has gone into this particular matter and the advice that the parties have had from their respective lawyers, I am very comfortable in saying that I am satisfied that the orders in the circumstances are just and equitable. 

5. In the matter of Dellorto and Petrazzolla I make orders in terms of the minutes, which I will mark as exhibit "A".  I will mark the document called Application for Consent Orders as exhibit "B".  I direct that both exhibit A and exhibit B remain on the court file.  I ask that the solicitor for the applicant husband engross the minute and email it to my associate within seven days.

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

Associate: 

Date:  7 May 2008