JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: GROSSO and GROSSO [2013] FCWA 91
CORAM: WALTERS J
HEARD: 27 AUGUST 2013
DELIVERED : 2 SEPTEMBER 2013
FILE NO/S: PTW 5041 of 2008
BETWEEN: KLAUDIA GROSSO
Applicant
AND
PAOLO GROSSO
Respondent
Catchwords:
FAMILY LAW - Practice and procedure - Where the wife seeks an extension of time to review the decisions of registrars to make orders by consent in relation to property - where the wife seeks to set aside property orders pursuant to s 79A of the Family Law Act 1975(Cth) - where the wife seeks to set aside the parties' financial agreement pursuant to s 90K - Where the issue for determination is whether the application for extension of time should be heard as "a stand alone issue" in a separate hearing - Discussion of "bifurcated" hearings and "blended" hearings - Consideration of the Full Court's decisions in Patching & Patching (1995) FLC 92-585and Lancer & Lancer [2008] FamCAFC 112 - Where a separate hearing is ordered
Legislation:
Family Law Act 1975 (Cth), s 79, s 79A, s 90K
Family Law Rules 2004 (Cth), Part 10.3, r 10.13, r 10.14
Category: Not Reportable
Representation:
Counsel:
Applicant: Mr K Wilson SC
Respondent: Dr R Ingleby
Solicitors:
Applicant: DCH Legal Group
Respondent: O'Sullivan Davies
Case(s) referred to in judgment(s):
L & L [2008] FCWA 29
Lancer & Lancer [2008] FamCAFC 112
Oastler & Oastler (1993) FLC 92-390
Patching & Patching (1995) FLC 92-585
VC & GC and Ors (2010) FLC 93-434
Wernham & Campagnola [2012] FamCAFC 137
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
Introduction
1On 14 April 2011, a Registrar of this Court made orders, by consent, in the terms of a minute of consent orders. The minute had been signed by both parties and forwarded to the Court by their solicitors. The orders were made by the Registrar in chambers. I shall refer to these orders as "the 2011 orders".
2On 1 May 2012, a (different) Registrar of this Court made further orders, by consent, in the terms of a second minute of consent orders. The second minute of consent orders had been signed by the parties and included in a Form 11 application for consent orders, which application had been filed on 20 April 2012. These orders were also made by the Registrar in chambers. I shall refer to them as "the 2012 orders".
3The 2011 orders deal with parenting issues, as well as property and spousal maintenance. The 2012 orders deal with property only, and are expressed to be made pursuant to s 79A(1A) of the Family Law Act 1975 (Cth) ("FLA"): see the preamble above paragraph 1 of the orders contained in the minute.
4The wife contends that the 2011 orders "were or were effectively interim or partial property settlement orders and spousal maintenance orders" and that they "did not exhaust the…
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- GROSSO and GROSSO [2013] FCWA 91
- Case
- [2013] FCWA 91
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