Oldman and Cantino

[2009] FamCA 596

FAMILY COURT OF AUSTRALIA

OLDMAN & CANTINO [2009] FamCA 596

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Oldman

RESPONDENT: Mr Cantino

FILE NUMBER: MLC 4841 of 2009

DATE DELIVERED: 6 JULY 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: IN CHAMBERS

REPRESENTATION

SOLICITOR FOR THE APPLICANT: HARWOOD ANDREWS LAWYERS

SOLICITOR FOR THE RESPONDENT: RHODENS LAWYERS

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 pursuant to s 44(3) of the Family Law Act 1975 (Cth), the applicant wife have leave to apply for property orders out of time.

3. That the reasons be transcribed and be placed on the court file.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 4841  of 2009

MS OLDMAN

Applicant

And

MR CANTINO

Respondent

REASONS FOR JUDGMENT

1. This is a matter that was brought to my attention in chambers by a registrar.

2. The parties filed an application for consent orders on 3 June 2009 but it was subject to a requisition by the registrar because it sought child support departure orders.

3. As a result of the requisition, the parties disclosed the assessment which is now attached to the affidavit of the solicitor for the applicant.

4. The original minutes have also been amended to include an order under s 112 of the Child Support (Assessment) Act 1989 (Cth) giving leave to bring the application for a period in respect of a time in excess of 18 months prior to 3 June 2009.

5. There is also no indication in the material of the parties that either of them is the recipient of an income-tested pension, and for that reason, the provisions of s 118(4) of the child support legislation apply.

6. I am satisfied in the circumstances that notwithstanding my concern as to the nature of the orders sought for departure from the administrative assessment, the parties understand exactly what they are doing and they have a private agreement which would enable them not to have to require the attention of the Agency.

7. I have also read the relevant information of a financial nature provided with the application for consent orders and am satisfied in the circumstances that the property orders are just and equitable as between the parties.  Accordingly I propose to make the orders sought.

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

Associate: 

Date:  6 July 2009