Rametta and Rametta & Ors

Case

[2020] FamCA 509

23 June 2020


Details
AGLC Case Decision Date
Rametta and Rametta & Ors [2020] FamCA 509 [2020] FamCA 509 23 June 2020

CaseChat Overview and Summary

In *Rametta and Rametta & Ors*, the wife sought to set aside a final property order made by consent in 2007, or alternatively, an extension of time to review a registrar's decision to make that order. The proceedings also involved issues concerning the qualification of evidence regarding value or quantity, and the costs associated with affidavits that were struck out. The matter came before Bennett J.

The primary legal issue before the court was whether to vary the 2007 consent orders pursuant to section 79A(1A) of the *Family Law Act 1975* (Cth). This involved considering the wife's application to set aside or extend time to review the original property order, and the appropriate disposition of certain real property. The court also had to determine the costs of the proceedings, including the costs related to inadmissible material.

Bennett J made orders by consent, discharging all extant orders except for a costs order made on 22 June 2020. Crucially, pursuant to section 79A(1A) of the Act, the court varied the 2007 orders to transfer a property known as Location K to the Respondent Husband. The wife was ordered to execute all necessary documents for this transfer at the husband's expense, and the husband was to assume liability for all outgoings thereafter. The court also made orders restraining the wife from encumbering Location K pending the transfer and appointed a registrar to execute documents if the wife failed to do so. All extant applications were dismissed, and each party was to bear their own costs. The parties intended these orders to finally determine their financial relationship.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Res Judicata

  • Statutory Construction

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

RAMETTA AND ORS & RAMETTA [2020] FamCA 377