Hodges and Hodges (No 2)

[2010] FamCA 221

FAMILY COURT OF AUSTRALIA

HODGES & HODGES (NO. 2) [2010] FamCA 221

FAMILY LAW – PROPERTY – By consent order amended to provide for monies to be paid to solicitor’s trust accounts

Family Law Act 1975 (Cth)

APPLICANT: Ms Hodges

RESPONDENT: Mr Hodges

FILE NUMBER: ADF 3134 of 2002

DATE DELIVERED: 17 March 2010

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: In Chambers

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Norman Waterhouse Lawyers

SOLICITOR FOR THE RESPONDENT: Howe Martin & Associates

Orders

IT IS ORDERED

1. That paragraph 1.3 of the orders made on 12 March 2010 now read as follows:

   “1.3From the total amount then available of ONE MILLION SEVEN HUNDRED AND THREE THOUSAND SIX HUNDRED AND FORTY TWO DOLLARS [$1,703,642.00] comprising ONE MILLION FOUR HUNDRED AND NINETY SIX THOUSAND FOUR HUNDRED AND FIFTY TWO DOLLARS [$1,496,452.00] in the said HSBC account no. …71 and TWO HUNDRED AND SEVEN THOUSAND ONE HUNDRED AND NINETY DOLLARS [$207,190.00] in the said HSBC account no. …02, the sum of FIVE HUNDRED AND SEVENTY THOUSAND EIGHT HUNDRED AND NINETY ONE DOLLARS [$570,891.00] to the trust account of the wife’s solicitors on behalf of the wife and the sum of ONE MILLION SEVENTY EIGHT THOUSAND TWO HUNDRED AND THIRTY SEVEN DOLLARS [$1,078,237.00] to the trust account of the husband’s solicitors on behalf of the husband.”

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 3134 of 2002

MS HODGES

Applicant

And

MR HODGES

Respondent

ADDENDUM REASONS FOR JUDGMENT

1. On 12 March 2010 I delivered judgment in this matter and made orders. Those orders have not yet been entered into the Court record.

2. On 16 March 2010 my associate received a letter by email jointly signed by the solicitors for the parties.

3. In the said letter a request is made to alter paragraph 1.3 of the orders that I made in so far as it provided for the monies payable to each of the parties out of the HSBC bank accounts be paid direct to the husband and the wife. The amendment sought by consent is that that paragraph provide that the monies payable to the wife be paid to the trust account of the wife’s solicitors and the monies payable to the husband be paid to the trust account of the husband’s solicitors.

4. Given that the amendment sought is by consent and given its nature I have no difficulty with complying with the request.

I certify that the preceding 4 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered on 17 March 2010.

Associate