Morley and Henshall

In the matter of Morley and Henshall, heard before Judge Terry, the dispute concerned the enforceability and operation of a financial agreement made between the parties on 15 February 2011. The applicant sought to have the agreement declared binding and certain clauses within it, specifically clause 4.10, enforced as if they were court orders.

The court was required to determine whether the financial agreement was binding on the parties pursuant to the Family Law Act 1975. Further, the court had to consider whether clause 4.10 of the agreement, which stipulated a payment obligation, could be enforced by the court. The proceedings also involved the calculation of monies due and owing under that clause, including the application of specified interest rates over various periods.

Judge Terry declared the financial agreement dated 15 February 2011 to be binding on the parties. The court ordered that clause 4.10 of the agreement be enforceable as if it were a court order. The respondent was ordered to pay the applicant a sum of $46,250.00, representing monies due under clause 4.10, along with calculated interest. To secure this debt, the respondent was restrained from dealing with a specific property in Queensland, and the applicant was granted liberty to lodge a caveat over the respondent's interest in that property. The parties were also granted liberty to apply for further consequential orders.