McDonald and Holmes

[2012] FamCA 1067

FAMILY COURT OF AUSTRALIA

MCDONALD & HOLMES [2012] FamCA 1067

FAMILY LAW – PROPERTY – Defacto property settlement

Family Law Act 1975 (Cth) s 44(6)

APPLICANT: Mr McDonald

RESPONDENT: Ms Holmes

FILE NUMBER: HBC 829 of 2012

DATE DELIVERED: 18 December 2012

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 18 December 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Foale

SOLICITOR FOR THE APPLICANT: Simmons Wolfhagen

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT: Not Applicable

Orders

1. Leave be given to the parties granting an extension of time to enable consent orders to be made pursuant to s 44(6) of the Family Law Act 1975 (Cth).

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

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBC 829/2012

Mr McDonald

Applicant

And

Ms Holmes

Respondent

REASONS FOR JUDGMENT

1. This is an application by parties for consent orders in relation to property adjustment under s 90SE, s 90SG or s 90SM of the Family Law Act 1975 (Cth) (“the Act”) where the period of time has expired.

2. By implication the parties are seeking an extension of the time to enable the consent orders to be made pursuant to s 44(6) of the Act. The parties jointly apply for those orders and have assured the court that it is an appropriate order but for the time limit having expired.

3. It would impose financial hardship upon the parties if they were required to commence proceedings in the Family Court for leave, in the circumstances as they now find themselves.

4. Accordingly leave be given to the parties to amend their application for consent orders to provide for leave under s 44(6) of the Act and I give leave under that section.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Benjamin delivered on 18 December 2012.

Associate:

Date:  18 December 2012