McNally and McNally

Case

[2009] FamCA 370

5 May 2009


Details
AGLC Case Decision Date
McNally and McNally [2009] FamCA 370 [2009] FamCA 370 5 May 2009

CaseChat Overview and Summary

In the matter of *McNally and McNally*, the parties brought their dispute before the Honourable Justice Cronin. The specific nature of the dispute is not detailed, but the proceedings concluded with the court making orders by consent between the parties.

The court was required to determine the terms of the final orders to be made in the proceeding, based on minutes of proposed orders agreed to by both the husband and the wife.

Justice Cronin's reasoning involved adopting and formalising the agreed terms presented by the parties. The court applied the principle that where parties to litigation reach a consensus on the resolution of their dispute, the court will generally give effect to those agreed terms by making them the subject of a court order, provided they are lawful and appropriate. The court then directed that the minutes of proposed orders, marked as Exhibit "A", be sealed and attached to the court record, and that the solicitor for the husband engross these minutes for delivery to the Associate within seven days.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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