Hatley and Harboard (No. 2)

[2008] FamCA 646

FAMILY COURT OF AUSTRALIA

HATLEY & HARBOARD (NO. 2) [2008] FamCA 646

FAMILY LAW – CONSENT ORDERS – Orders made

Family Law Act 1975 (Cth)

APPLICANT: Mr Harboard

RESPONDENT: Ms Hatley

FILE NUMBER: MLF 1286 of 2006

DATE DELIVERED: 19 May 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 19 May 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Testart

SOLICITOR FOR THE APPLICANT: O’Farrell Robertson McMahon

COUNSEL FOR THE RESPONDENT: Mr Ham

SOLICITOR FOR THE RESPONDENT: Forte Family Lawyers

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.

3. That the husband have leave to file two affidavits this day.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLF 1286 of 2006

MR HARBOARD

Applicant

And

MS HATLEY

Respondent

REASONS FOR JUDGMENT

1. This is a matter where I commenced a defended property proceeding just prior to Christmas last year and the matter had to be adjourned for a variety of reasons that really do not matter.  The matter has now come back on before me today, and with a lot of hard work obviously not only between the parties but with their respective counsel, they have compromised the matter and come up with a solution which not only has a sense of pragmatism about it, but has a strong ring of commercial reality about it.  It is agreed by both parties that it depends on which view you take of the pool and what particular view you take of the respective entitlements, that a position might otherwise come out differently from each parties' perspective, but either way the outcome is certainly within the range of probable outcomes that I would have contemplated bearing in mind that I had the opportunity of hearing at least two and a bit days of evidence and read all of the material on the file.

2. It is my task in any case, regardless of whether the parties consent or otherwise, to come to a decision which is just and equitable.  In circumstances such as this where the decision has been made not only for commercial reasons but for pragmatic reasons as well, I am more than happy to say that this is a settlement which is just and equitable in the circumstances.  Accordingly in the matter of Hatley & Harboard I make orders in terms of the minutes which I will mark as exhibit A.  I direct that the minute remain on the court file, and I will ask that the solicitor for the applicant husband engross the minute and email it my associate within seven days.

I certify that the preceding Two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  26 May 2008