Matech and Matech

[2020] FamCA 163

FAMILY COURT OF AUSTRALIA

MATECH & MATECH [2020] FamCA 163

FAMILY LAW – PROPERTY – financial agreement – whether agreement is void for uncertainty – whether agreement should be otherwise set aside – agreement found to comply with s 90G of the Family Law Act 1975 – agreement declared to be binding on the parties – further submissions required as to the manner of enforcement

Family Law Act 1975 (Cth), ss. 90K, 90KA, 90G

Matech & Matech [2018] FCCA 270
Matech & Matech (No. 2) [2018] FamCA 1029
Garvey & Jess [2017] FamCA 783
Jess & Garvey [2018] FamCAFC 44

APPLICANT: Ms Matech

RESPONDENT: Mr Matech

FILE NUMBER: BRC 2432 of 2018

DATE DELIVERED: 19 March 2020

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Baumann J

HEARING DATE: 12 September 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr P Hackett

SOLICITOR FOR THE APPLICANT: Evans Brandon Family Lawyers

THE RESPONDENT: Self-represented

Orders

1. That pursuant to s 90G of the Family Law Act 1975, the financial agreement dated 26 July 2005 is binding on the parties.

2. That these proceedings be adjourned for further submissions and directions at 9.30am on 25 March 2020 in the Family Court of Australia at Brisbane.

3. That all parties have leave to appear by telephone on 25 March 2020.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Matech & Matech has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 2432 of 2018

Ms Matech

Applicant

And

Mr Matech

Respondent

REASONS FOR JUDGMENT

Introduction

1. The proceedings between the Applicant Ms Matech (hereafter called “the wife”) and Mr Matech (hereafter called “the husband”) have been ongoing since 2018 and relate to a financial agreement between the parties dated 26 July 2005 (“the said financial agreement”).  The past Court events have been the subject of two published decisions (see Matech & Matech [2018] FCCA 270; Matech & Matech (No. 2) [2018] FamCA 1029), and I rely on the background set out in those reasons without restating them.

2. The issue which was the subject of the hearing on 12 September 2019 included the following discrete issues:

   a)Whether the Court finds that the said financial agreement should be set aside;

   b)If the said financial agreement is not set aside is it binding on the parties; and

   c)If found to be binding, then how should it be enforced.

3. Before dealing with these issues separately, it is proper to record that at the hearing Mr Matech did not have any legal…