FEDERAL CIRCUIT COURT OF AUSTRALIA
| HADDEN & PENDLE | [2017] FCCA 1610 |
| Catchwords: FAMILY LAW – Property – a prenuptial agreement between the parties – whether a financial agreement – whether it should be set aside – whether it is binding under the Act. |
| Legislation: Family Law Act 1975, ss.90B, 90G, 90K, 90KA |
| Cases cited: Kostres v Kostres (2009) FLC 93-420 Gaskell v Denkas Butchery Services Pty Ltd (2008) NSWCA 35 |
| Applicant: | MS HADDEN |
| Respondent: | MR PENDLE |
| File Number: | SYC 3338 of 2014 |
| Judgment of: | Judge Kemp |
| Hearing dates: | 27, 28, 29 & 30 June 2016 |
| Date of Last Submission: | 24 February 2017 |
| Delivered at: | Sydney |
| Delivered on: | 11 July 2017 |
REPRESENTATION
| Counsel for the Applicant: | Mr Santisi |
| Solicitors for the Applicant: | Goh Lawyers |
| Counsel for the Respondent: | Ms Christie |
| Solicitors for the Respondent: | Sarah Bevan Family Lawyers |
THE COURT DECLARES THAT:
The agreement between the husband and the wife, as set out in the document dated 21 July 2011, is a financial agreement between the parties for the purpose of s.90B of the Family Law Act 1975 (“the Act”), but is not binding pursuant to the provisions of s.90G of the Act.
THE COURT ORDERS THAT:
The matter be listed for further directions on 13 October 2017 at 9:30am in respect of the wife’s property application, pursuant to s 79 of the Act.
IT IS NOTED that publication of this judgment under the pseudonym Hadden & Pendle is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYC 3338 of 2014
| MS HADDEN |
Applicant
And
| MR PENDLE |
Respondent
REASONS FOR JUDGMENT
Introduction
This is an application by Ms Hadden (“the wife”) filed on 2 June 2014, seeking to set aside a financial agreement between Mr Pendle (“the husband”) and the wife, as set out in a document dated 21 July 2011 (“the subject document”) (Exhibit “4” as the original and Exhibit “Court 1”, being a copy thereof), pursuant to the provisions s.90K(1)(b), (d) or (e) of the Family Law Act 1975 (“the Act”). An additional ground under s.90K(1)(a) of the Act was added during the course of the hearing and the parties’ submissions.
The wife also seeks orders pursuant to s.90K(3) of the Act or, in the alternative, pursuant to s.79 of…
Continue reading Hadden and Pendle
Sign in free to access the full text
- AGLC
- Hadden and Pendle [2017] FCCA 1610
- Case
- [2017] FCCA 1610
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate listing for further directions in relation to the wife's property application.
The court ordered that the matter be listed for further directions on 13 October 2017 at 9:30 am.
Orders
Orders of the court
2.
The matter be listed for further directions on 13 October 2017 at 9:30am in respect of the wife’s property application, pursuant to s 79 of the Act.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.