Mohan and Mohan (No 2)

[2014] FamCA 631

FAMILY COURT OF AUSTRALIA

MOHAN & MOHAN (NO 2) [2014] FamCA 631

FAMILY LAW – Consent orders

Family Law Act 1975 (Cth)

APPLICANT: Ms Mohan

RESPONDENT: Mr Mohan

FILE NUMBER: MLC 7543 of 2012

DATE DELIVERED: 2 July 2014

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 2 July 2014

REPRESENTATION

THE APPLICANT: In Person

THE RESPONDENT: In Person

Orders

1. That all extant parenting orders are discharged.

2. That by 4.00pm on 27 August 2014, the wife pay to the husband the sum of $40,000.

3. That contemporaneously with the payment referred to in these orders, the husband transfer to the wife all of his interest in the property at B Street, Suburb C.

4. That contemporaneously with the payment, the wife provide to the husband a discharge of all of his obligations under the mortgage loan to the Westpac Banking Corporation encumbering the property at B Street.

5. That contemporaneously with the payment referred to in these orders, the husband provide to the wife a discharge of caveat ...

6. That in default of payment of the sum referred to in these orders by the wife, both parties do all such acts and things as may be required to place the property at B Street, Suburb C on the market for sale and upon the settlement of the sale, the proceeds be disbursed as follows:

   (a)    First, to discharge all encumbrances affecting the said property;

   (b)    Secondly, to discharge the obligations under these orders to the husband; and

   (c)    Thirdly, to pay the balance to the wife.

7. That at 2.00pm on Saturday 19 July 2014, the husband attend at the premises of the wife and the wife provide to him the following:

   (a)    All books related to art and history including biographies books, all being personal belongings;

   (b)    Gym bicycle;

   (c)    Cross trainer;

   (d)    Coffee machine;

   (e)    All tools included in the applicant’s interim order, i.e. electric drill and box of drill bits, bench grinder, angle grinder, and circular saw;

   (f)     The two 90 degree angle metal rulers;

   (g)    Set of drill bits and set of hole punchers;

   (h)    Set of blue screw drivers;

   (i)     All painting and tiling tools.

8. That all extant applications are otherwise dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Mohan & Mohan (No 2) 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 MELBOURNE

FILE NUMBER: MLC 7543 of 2012

Ms Mohan

Applicant

And

Ms Mohan

Respondent

REASONS FOR JUDGMENT

1. This case came before me on the basis of a contravention application, and at the completion of those proceedings upon which I gave judgment, I indicated to the parties that the substantive issues between them would be determined by this court at some stage later in the year.  Notwithstanding this case has been in the court system since August 2012 when transferred by the Federal Circuit Court it is common ground between the parties now that their children’s issues will no longer proceed because each of them has decided that they will allow their children to make decisions about what time they spend with their father. 

2. That is probably not really surprising having regard to the fact that D is now 15 years of age, and E is quickly coming up to 13 later this year.  Accordingly, having regard to the fact that this file has been through an enormous amount of litigation, I think that is a very sensible conclusion.  Accordingly, what I will do is discharge all extant parenting orders. 

3. The property proceedings which have been alive for the best part of the last two years revolve around a house which the parties have had valued, and upon which there is an encumbrance to the Westpac Bank.  It is common ground that the equity in that property is about $100,000.  Leaving that aside, there does not appear to be any significant equity in any other assets.

4. A second issue in the property proceedings related to some chattels, and very sensibly today, the parties have reached agreement as to what particular items in the wife’s possession will be delivered to the husband.  What has been agreed between the parties is that by 27 August the wife will pay to the husband $40,000, and contemporaneously she will obtain a discharge of any mortgage liability in the loan to the Westpac Bank that the husband has, and at the same time, the husband will transfer to her his interest in B Street.  At the same time the husband agrees to provide a discharge of the caveat which is apparently still on the title arising out of a charge that he gave to the lawyers who were acting for him in 2011. 

5. On the basis of those orders which, having regard to what I have understood as the dispute between the parties, I think this is a just and equitable outcome for both parties. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 2 July 2014.

Associate: 

Date:  9 July 2014