MANNER & MANNER

Case

[2015] FCCA 3043

18 November 2015


Details
AGLC Case Decision Date
MANNER & MANNER [2015] FCCA 3043 [2015] FCCA 3043 18 November 2015

CaseChat Overview and Summary

In the matter of *Manner & Manner*, Judge Jarrett of the Family Court of Australia was required to determine an application concerning the validity of a financial agreement entered into by Mr and Ms Manner. The applicant sought to have certain orders made, but the central dispute revolved around whether the financial agreement was binding.

The primary legal issue before the Court was whether the financial agreement dated 16 November 2007 was binding on the parties, pursuant to section 90G(1B) of the *Family Law Act 1975* (Cth). This required the Court to consider the specific requirements for a financial agreement to be deemed binding under that provision.

Judge Jarrett reasoned that the financial agreement met the statutory requirements for a binding agreement. The Court declared that the financial agreement entered into by Mr Manner and Ms Manner on 16 November 2007 was binding. Consequently, the application for orders numbered 3, 4, and 5 of the Applicant's Amended Amended Initiating Application filed on 15 January 2013 was dismissed. All other outstanding applications were adjourned for further directions.
Details

Areas of Law

  • Family Law

  • Contract Law

Legal Concepts

  • Contract Formation

  • Jurisdiction

  • Remedies

  • Res Judicata

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Cases Citing This Decision

2

Teasdale and Teasdale (No.2) [2018] FCCA 3297
Carran & Carran [2022] FedCFamC2F 818
Cases Cited

15

Statutory Material Cited

4

Senior & Anderson [2011] FamCAFC 129
Ryan and Joyce [2011] FMCAfam 225