Larvin and Larvin (No. 3)

[2009] FamCA 633

FAMILY COURT OF AUSTRALIA

LARVIN & LARVIN (NO. 3) [2009] FamCA 633

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Mr Larvin

RESPONDENT: Ms Larvin

FILE NUMBER: MLF 2557 of 2005

DATE DELIVERED: 17 June 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 17 June 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr I.F. Mawson SC

SOLICITOR FOR THE APPLICANT: Forte Family Lawyers

COUNSEL FOR THE RESPONDENT: Ms Lane

SOLICITOR FOR THE RESPONDENT: Galbally & O’Bryan

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 wife engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 2557 of 2005

MR LARVIN

Applicant

And

MS LARVIN

Respondent

REASONS FOR JUDGMENT

1. This is a very unfortunate case involving the break down of a marriage in which the husband has had the large responsibility for the care of the children in circumstances about which I have read since I became responsible for the file.  This is a tragic case, and the parties are to be commended for having worked diligently to resolve it.

2. Some time ago I made final orders in relation to the parenting matters, and it now only leaves me to deal with the financial issues.  I have become well aware of the details of the financial positions of each party and the circumstances under which they have the pool to be now divided.  I have looked at all of the issues, and in particular, the documents provided by the husband about contribution and the future needs of the children.  I am aware that the case guardian, through her affidavit, has taken over the financial responsibilities for the wife.  I am satisfied in all of the circumstances that this is a just and equitable outcome for both parties.  I commend the parties for resolving what was otherwise going to be a very difficult case, not only in terms of its hearing but in terms of the implementation of any orders. 

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

Associate: 

Date:  15 July 2009