Nophrone and Nophrone

[2009] FamCA 843

FAMILY COURT OF AUSTRALIA

NOPHRONE & NOPHRONE [2009] FamCA 843

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Nophrone

RESPONDENT: Mr Nophrone

FILE NUMBER: MLC 1086 of 2008

DATE DELIVERED: 27 July 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 27 July 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: MS TULLOCH

SOLICITOR FOR THE APPLICANT: SUSAN SNYDER

COUNSEL FOR THE RESPONDENT: MR INDOVINO

SOLICITOR FOR THE RESPONDENT: A AGROTIS & ASSOCIATES

Orders

1. That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

2. That the solicitor for the wife engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

IT IS NOTED that publication of this judgment under the pseudonym Nophrone & Nophrone is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 1086 of 2008

MS NOPHRONE

Applicant

And

MR NOPHRONE

Respondent

REASONS FOR JUDGMENT

1. This is a matter where I have had the advantage of reading all of the documents that the parties have filed

2. There were a number of modest disputes about some of the facts, but ultimately the outcome for the parties is well within the range of what could have been the outcome for both of them. 

3. Mr Indovino pointed out that there is a s 77A component.  Obviously that makes a fairly significant difference from the husband’s point of view, making the outcome look more generous. 

4. The other point is that there is a strong ring of commercial reality about what the parties are doing.  The parties are to be commended for coming up with a solution which is ultimately going to save them not only substantial costs but also the indignity of going into the witness box. 

5. In the matter of Nophrone I will mark the minutes as Exhibit A and the two letters as Exhibits B and C for the purposes of ensuring that the trustees of the superannuation fund has been given appropriate notice. 

6. I will make final orders in terms of the minutes which I have said marked as Exhibit A. 

7. I will ask the solicitor for the wife to engross within seven days. 

I certify that the preceding Seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  10 August 2009