Keir & Ramsay (No 6)
[2023] FedCFamC1F 371
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Keir & Ramsay (No 6) [2023] FedCFamC1F 371
File number: CRC 8 of 2020 Judgment of: CAMPTON J Date of judgment: 13 March 2023 Catchwords: FAMILY LAW – PROPERTY – Final orders made by consent finalising the proceedings – Proposed orders are judge and equitable – Resolution of transferred Federal Court proceedings. Legislation: Family Law Act 1975 (Cth) s 90SM Cases cited: Keir & Ramsay (No 5) [2023] FedCFamC1F 150 Division: Division 1 First Instance Number of paragraphs: 6 Date of hearing: 13 March 2023 Place: Sydney Counsel for the Applicant: Mr O’Brien Solicitor for the Applicant: Bryant Mckinnon Laywers The Respondent: Litigant in person ORDERS
CRC 8 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS KEIR
Applicant
AND: MR RAMSAY
Respondent
order made by:
CAMPTON J
DATE OF ORDER:
13 March 2023
THE COURT ORDERS THAT:
1.By consent, orders are made in accordance with Exhibit 1 as attached hereto.
2.Otherwise all outstanding extant applications and responses are otherwise dismissed.
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 the pseudonym Keir & Ramsay has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
CAMPTON J:
Subsequent to the dismissal this morning of the respondent’s Application in a Proceeding to vacate the trial listed to commence today, the parties requested to engage in an alternate resolution event. They did so, with the assistance of a registrar of the Court, over the balance of today.
This decision assumes familiarity with my reasons delivered this morning, being Keir & Ramsay (No 5) [2023] FedCFamC1F 150, which record the issues in contest between the parties and the reality of their current financial circumstances, including at [9] what property remains available to be adjusted between them pursuant to s 90SM of the Family Law Act 1975 (Cth).
As a result of the alternate dispute resolution process, the parties have adopted a pragmatic and commercial approach to the continuation of the litigation between them, and reached a final compromise both their property adjustment dispute, and the respondent’s shareholder oppression claim transferred from the Federal Court. That compromise is recorded in the Minute of Order marked as Exhibit 1 in the proceedings before me. Having regard to my familiarity with the history of this matter and the material that I have read to date, I am satisfied that the compromise achieved is both just and equitable.
In circumstances where each of the parties receive some benefit from the proposed orders to be made, in that the respondent will be able to retain the property at Town F subject to refinancing the encumbrance on it, and the applicant will receive the lion’s share of the monies produced upon the sale of the respondent’s pre-relationship property at Suburb C, and as identified by her counsel, coupled with the applicant will receiving releases and protections that are valuable to her, I am satisfied that it is appropriate to make the orders sought. I congratulate the parties on achieving a resolution.
The proposed orders will finally resolve the proceedings transferred from the Federal Court and consolidated with the s 90SM proceedings in this forum.
I therefore make the orders as set out at the forefront of these reasons.
I certify that the preceding six (6) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Campton. Associate:
Dated: 13 May 2023
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