Douwee and Douwee

[2009] FamCA 629

FAMILY COURT OF AUSTRALIA

DOUWEE & DOUWEE [2009] FamCA 629

FAMILY LAW – PRACTICE AND PROCEDURE – Dismissal – by consent

Family Law Act 1975 (Cth)

APPLICANT: Mr Douwee

RESPONDENT: Ms Douwee

FILE NUMBER: DGC 351 of 2009

DATE DELIVERED: 25 June 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 25 June 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Simon Parsons & Co

SOLICITOR FOR THE RESPONDENT: M Davine & Co

Orders

1. That BY CONSENT of the parties all applications are struck out.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: DGC 351 of 2009

MR DOUWEE

Applicant

And

MS DOUWEE

Respondent

REASONS FOR JUDGMENT

1. On 10 February 2009 Mr and Mrs Douwee, through their respective solicitors, filed an application for consent orders.  The consent orders relate to property proceedings and deal with what appears to be a modest pool of assets. 

2. Before filing the application both parties signed affidavits sworn before their respective solicitors indicating their knowledge of the relevant statutory requirements for courts to make orders, in addition to which there was attached to those affidavits a statement of independent legal advice.  A registrar at Dandenong on 4 March 2009 requisitioned the parties in relation to the matter and when the case was returned the registrar was obviously not satisfied about the outcome and adjourned it to me for determination.

3. In the meantime the parties seem to have resolved the matter.  The court file contains letters from both the solicitor who acted for both parties.  Those letters indicate that the matter has been resolved by way of a financial agreement which has been executed by the parties and therefore there is no basis for orders to be now made.  Each party has therefore asked that the proceedings be struck out.

4. I note for the purposes of future case management that there is a divorce application filed by the husband, returnable at Dandenong on 15 July 2009.  There being therefore no jurisdiction to deal with the matter by virtue of the execution of the financial agreement, the proceedings filed at Dandenong on 10 February 2009 are struck out and, save for the divorce application which is listed in the Federal Magistrates Court on 15 July, all proceedings are otherwise removed from the list of cases awaiting a hearing.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  10 July 2009