Mannerwell and Mannerwell

In the matter of *Mannerwell and Mannerwell*, the parties, the wife and the husband, presented minutes of proposed orders to Cronin J for determination. The dispute concerned matters arising from their marital relationship, with the court's role being to formalise the agreed terms.

The primary legal issue before the court was to approve and make orders in accordance with the parties' consent, as detailed in Exhibit “A”. The court was also required to consider the inclusion of specific particulars regarding the obligations and consequences of contravention of these orders, pursuant to sections 65DA(2) and 62B of the relevant legislation, and to address the dismissal of outstanding interim applications and the wife's costs.

Cronin J's reasoning centred on the parties' agreement, evidenced by their consent to the minutes of proposed orders. The court applied the principle that where parties have reached a comprehensive agreement on the issues between them, the court will typically endorse and formalise that agreement, provided it is lawful and just. The inclusion of the Fact Sheet, detailing obligations, consequences of contravention, and support services, was a mandatory procedural step to ensure parties understood the nature and impact of the court's orders.

The court made orders by consent in accordance with the minutes of proposed orders, which were to be sealed and attached to the judgment. The solicitor for the wife was directed to engross these minutes and submit them within seven days. All outstanding interim applications were dismissed, the wife's costs for the day were reserved, and the particulars from the Fact Sheet were incorporated into the orders.