Janovic & Whalen
[2023] FedCFamC2F 894
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Janovic & Whalen [2023] FedCFamC2F 894
File number: BRC 4857 of 2023 Judgment of: JUDGE BLAKE Date of judgment: 24 July 2023 Catchwords: FAMILY LAW – Application for review of a Registrar’s orders – application to set aside orders for the alteration of property interests made by the Registrar by consent of the parties – where parties have reconciled – where the orders of the Registrar have not been given effect to - where the parties consent to orders to set aside the orders of the Registrar – orders made setting aside the orders of the Registrar. Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 10.13, 10.13(1), 14.05, 14.06, 14.07. Division: Division 2 Family Law Number of paragraphs: 7 Date of hearing: On the papers Place: Melbourne Solicitor for the Applicant: Michael Lynch Family Lawyers Solicitor for the Respondent: Litigant in person ORDERS
BRC 4857 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR JANOVIC
Applicant
AND: MS WHALEN
Respondent
order made by:
JUDGE BLAKE
DATE OF ORDER:
24 JULY 2023
THE COURT ORDERS BY CONSENT THAT:
1.The Orders of the Deputy Registrar of 9 May 2023 be set aside.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE BLAKE
On 19 April 2023, the parties filed an Application for Consent Orders (‘Application’). In the Application, the parties sought orders altering the property interests between them, following the breakdown of their relationship.
The Application came before a Deputy Registrar on 9 May 2023. Orders by consent were made by the Deputy Registrar in chambers altering the property interests of the parties, and were subsequently issued.
On 30 May 2023, the Applicant filed an application to review the orders of the Deputy Registrar (‘Review Application’). The Review Application was accompanied by an affidavit of the Applicant in which he deposed, among other things, that he and the Respondent had reconciled their relationship on 20 May 2023, some 11 days after the orders of the Deputy Registrar were made. The Applicant deposed that he therefore sought to have the orders made by the Deputy Registrar set aside. He also deposed that no steps had been taken by the parties to enforce any provision of the orders.
On 18 June 2023, the Respondent filed an affidavit. That affidavit is relevantly in similar terms to the affidavit of the Applicant. Among other things, the Respondent deposes that the parties have reconciled their relationship, and that she seeks to have the orders made by the Deputy Registrar set aside.
Applications to review orders of Registrars are dealt with under rules 14.05-14.07 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (‘Rules’). The Court is required, among other things, to conduct the hearing as an original hearing. The Court is also permitted to receive further affidavit evidence. The further evidence received by the Court discloses that the parties have reconciled, and that they consent to an order setting aside the orders made by the Deputy Registrar on 9 May 2023.
Although not raised by the parties, I note the content of rule 10.13 of the Rules. Subrule (1) permits the Court to set aside an order if, among other things, the party in whose favour it was made, consents. The orders of 9 May 2023, given they were made by consent, can be taken to have favoured both parties, and so subrule 10.13 provides a separate and independent basis for the Court to set aside the orders made on 9 May 2023.
Given the matters that I have referred to above, I will make an order setting aside the orders of 9 May 2023.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Blake. Associate:
Dated: 24 July 2023
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