Horleck & Horleck

In the matter of *Horleck & Horleck*, Carmody J of the Family Court of Australia considered an application by the Wife concerning property adjustment orders made in 1995. The Wife sought to enforce or vary certain obligations under those original orders, which had been made by Justice Butler.

The primary legal issues before Carmody J were whether the Wife's application, filed on 2 August 2006, was valid and whether the amount owing under a specific obligation within the 1995 property adjustment orders could be determined and declared. This involved an assessment of the Wife's claims against the existing final orders and the application of relevant Family Law Rules.

Carmody J's reasoning led to the conclusion that the Wife's application, as framed, was not sustainable. Consequently, the court dismissed paragraphs 1 to 24 of the Wife's application. However, the court did proceed to make a declaration regarding the outstanding amount under a particular obligation from the 1995 orders, specifying that the total amount owing was $58,398.75.