Fendon and Sloke

Case

[2008] FamCA 1179

22 December 2008


Details
AGLC Case Decision Date
Fendon and Sloke [2008] FamCA 1179 [2008] FamCA 1179 22 December 2008

CaseChat Overview and Summary

In the matter of Fendon and Sloke, heard before Cronin J, the parties presented minutes of proposed orders for the Court's approval. The dispute, as evidenced by the consent orders, concerned matters requiring judicial determination, likely within the family law jurisdiction given the involvement of a superannuation fund trustee.

The central legal issue before the Court was the determination and approval of the parties' agreed terms, as set out in the minutes of proposed orders. The Court was also required to consider the potential need for the superannuation fund trustee to be heard, should it believe its right to natural justice had been infringed by the proposed orders.

Cronin J, by consent of the parties, made orders in accordance with the minutes of proposed orders, which were marked as Exhibit "A" and sealed. The Court directed that these minutes be retained on the Court file. Further, the solicitor for the husband was ordered to engross the minutes and deliver them electronically to the Court's Associate within seven days. Finally, leave was granted to the trustee of the relevant superannuation fund to be heard if, upon receipt of the orders, it considered that it had not been afforded natural justice.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Natural Justice

  • Procedural Fairness

  • Remedies

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