Lind and Lind

[2009] FamCA 683

FAMILY COURT OF AUSTRALIA

LIND & LIND [2009] FamCA 683

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Lind

RESPONDENT: Mr Lind

FILE NUMBER: MLC 571 of 2009

DATE DELIVERED: 23 July 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 23 July 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms A. Carter

SOLICITOR FOR THE APPLICANT: Hogg & Reid

COUNSEL FOR THE RESPONDENT: Mr R. Hutchins

SOLICITOR FOR THE RESPONDENT: Moores Legal

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

3. That pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 571 of 2009

MS LIND

Applicant

And

MR LIND

Respondent

REASONS FOR JUDGMENT

1. This is a matter that was in the duty list two days ago and was adjourned this morning because the parties spent an exhaustive day negotiating what was to have been interim issues.  To their credit, along with their lawyers, they have come up with a final solution;  a solution which involves not only parenting, but also property matters. 

2. The parenting matters revolve around the S, who is almost 12, and J, who is 10. The arrangements do not fit entirely with the recommendations of the expert, but that does not matter, if the parents work diligently on the responsibilities that they have to care for their children in the future. 

3. From what I have heard this morning, the proposal sounds like an admirable way to bring these children up.  The children will be the major beneficiaries of all of those arrangements.  The minutes in relation to the parenting orders are comprehensive and there is little more that a court could do to assist these parents.

4. The property issues are fairly straightforward.  I have had the benefit of reading the material and I can see exactly how the assets fall out into each party’s hands.  There is a strong sensible ring of commercial reality about the matter as well.  In respect of the property orders, therefore, I am satisfied that they are just and equitable.  In relation to the parenting matters, I am satisfied that these are in the best interests of S and J. 

I certify that the preceding Four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date: 31 July 2009