Renard and Geach

Case [2013] FCCA 617


FEDERAL CIRCUIT COURT OF AUSTRALIA

RENARD & GEACH [2013] FCCA 617
Catchwords:
FAMILY LAW – Financial agreements– independent legal advice.
Legislation:
Family Law Act 1975, s.90G
Ruane & Bachmann-Ruane [2009] FamCA 1101
Parker & Parker [2012] FamCAFC 33
Senior & Anderson [2011] FamCAFC 129(2011) FLC 93-470
Hoult & Hoult [2011] FamCA 1023; [2011] FLC 93-489
Applicant: MR RENARD
Respondent: MS GEACH
File Number: MLC 6887 of 2012
Judgment of: Judge Small
Hearing dates: 9 & 13 May 2013
Date of Last Submission: 13 May 2013
Delivered at: Melbourne
Delivered on: 5 July 2013

REPRESENTATION

Counsel for the Applicant: Ms Paull
Solicitors for the Applicant: Waters & Co
Counsel for the Respondent: Mr Duckett
Solicitors for the Respondent: Konfir Kabo & Associates

ORDERS

DECLARATION

The court declares that the financial agreement signed by the parties on [date omitted] 2008 is not binding upon the parties.

ORDERS

  1. Within 14 days of the date of these orders the husband shall file and serve an Amended Initiating Application, with an Affidavit and Form 13 Financial Statement in support, setting out the orders he seeks.

  2. Within 14 days of service of the husband’s documents as set out in paragraph 1 hereof the wife shall file a Response, and an Affidavit and Form 13 Financial Statement in support, setting out the orders she seeks.

  3. The matter be otherwise adjourned to this court for mention in the Duty List on 18 September 2013 at 9:45 a.m.

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

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT MELBOURNE

MLC 6887 of 2012

MR RENARD

Applicant

And

MS GEACH

Respondent

REASONS FOR JUDGMENT

Introduction

  1. The question for the court in this matter is whether a Financial Agreement signed by the parties on [date omitted] 2008 (“the Agreement”) is binding upon them pursuant to Section 90G of the Family Law Act 1975 (“the Act”).

  2. The husband seeks a declaration under Section 90G(1)(b) and (c) of the Act that the Agreement is not binding because he did not receive the requisite independent legal advice before he signed it, and did not receive a copy of the Agreement afterwards. In the alternative, he seeks an order that the Agreement be set aside as being void for duress under Section 90K(1)(b) of the Act.

  3. The Wife seeks a declaration that the Agreement is binding, being a Financial Agreement under s.90C and complying with the provisions of s.90G(1) of the Act.

Background

  1. The parties were married at [omitted] on [date omitted] 2008 (“the Australian marriage”). Mr Renard, who is now 49 years old, is an Australian citizen and Ms Geach, who is 42, is an Indonesian citizen with permanent resident status in Australia.

  2. The parties finally separated in January 2012 and were divorced on 14 March 2013.

  3. The marriage was the third for Mr Renard and the second for


    Ms Geach although she had also been involved in a…

Continue reading Renard and Geach

Sign in free to access the full text

Details
AGLC
RENARD & GEACH [2013] FCCA 617
Case
[2013] FCCA 617
Decision Date

CaseChat Overview and Summary

In the matter of Renard and Geach, heard before Judge Small, the dispute concerned the enforceability of a financial agreement entered into by the parties on a date in 2008. The court was required to determine whether this financial agreement was binding on the parties.

The court's reasoning focused on the validity of the financial agreement. While the specific grounds for invalidity are not detailed in the provided text, the ultimate declaration indicates that the agreement failed to meet the necessary legal requirements to be considered binding. The court applied principles of family law concerning the enforceability of financial agreements.

The court declared that the financial agreement signed by the parties in 2008 was not binding. Consequently, the court made procedural orders requiring the husband to file an Amended Initiating Application, supported by an affidavit and financial statement, outlining the orders he sought. The wife was then required to file a Response, also supported by an affidavit and financial statement, detailing her sought orders. The matter was adjourned for a mention in the Duty List on 18 September 2013.

Orders

Orders of the court

DECLARATION

The court declares that the financial agreement signed by the parties on [date omitted] 2008 is not binding upon the parties.

ORDERS

1.

Within 14 days of the date of these orders the husband shall file and serve an Amended Initiating Application, with an Affidavit and Form 13 Financial Statement in support, setting out the orders he seeks.

2.

Within 14 days of service of the husband’s documents as set out in paragraph 1 hereof the wife shall file a Response, and an Affidavit and Form 13 Financial Statement in support, setting out the orders she seeks.

3.

The matter be otherwise adjourned to this court for mention in the Duty List on 18 September 2013 at 9:45 a.m.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.