Fuller and Larson-Fuller

[2008] FamCA 1178

FAMILY COURT OF AUSTRALIA

FULLER & LARSON-FULLER [2008] FamCA 1178

FAMILY LAW – PROPERTY – Consent orders

Family Law Act 1975 (Cth)

APPLICANT: Mr Fuller

RESPONDENT: Ms Fuller-Larson

FILE NUMBER: MLC 5301 of 2007

DATE DELIVERED: 22 December 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 22 December 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr P.M. O'Shannessy

SOLICITOR FOR THE APPLICANT: Westminster Lawyers

COUNSEL FOR THE RESPONDENT: Ms Swart

SOLICITOR FOR THE RESPONDENT: Sharrock Pittman Legal

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 Fuller & Larson-Fuller is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5301 of 2007

MR FULLER

Applicant

And

MS LARSON-FULLEr

Respondent

REASONS FOR JUDGMENT

1. This is a matter that has settled on the end of the first day, possibly the start of the second day of a property trial.  Both parties have been represented.  I have managed the matter for some considerable period of time, including having had a number of discussions with lawyers and in fact the wife along the way.

2. It is a long marriage with three children, two of whom are now adults, and proper arrangements have been made in respect of not only the youngest child, but also the two adult children have been well catered for. 

3. I am familiar with the financial circumstances of both parties and in particular the asset pool to be divided.  I am also familiar with the problems that the parties had in relation to the most fundamental asset which was the superannuation. 

4. In these circumstances the proposals signed by the parties seem to me to be not only very sensible, but they have a commercial ring of reality about them.  I am satisfied in those circumstances the orders are well within the range of what could have possibly been the outcome and, in those circumstances, the orders that I make are just and equitable. 

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

Associate: 

Date:  5 January 2009