Sacrinity & Anor & Wolodzko

Case [2010] FamCA 1258


FAMILY COURT OF AUSTRALIA

SACRINITY AND ANOR & WOLODZKO AND ANOR [2010] FamCA 1258
FAMILY LAW – CHILDREN – with whom a child lives – where the mother is unable to provide an adequate level of care for the child – where the father lives overseas and has not established a relationship with the child – where the child had been living with the applicant couple from a  young age – where applicant couple are the child’s primary attachment figures – where applicant couple sought to formalise the agreement through parenting orders – where applicant couple are willing to encourage and facilitate a continuing relationship between the child and the birth family – whether arrangement inconsistent with Adoption Act 2000 (NSW) – Department of Human Services declined to intervene in the proceedings – parenting orders made in favour of applicant couple
Adoption Act 2000 (NSW) ss 7, 11
Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CG, 61B, 61C(1), 61DA, 64B, 65AA
B v B: Family Law Reform Act 1995 (1997) FLC 92-755
Davis v Davis & Anor (2007) 38 Fam LR 671
Kay v Jasper [2007] FamCA 1646
Rice v Miller (1993) FLC 92-415
1st APPLICANT: Mr Sacrinity
2nd APPLICANT: Mrs Sacrinity
1st RESPONDENT: Ms Wolodzko
2nd RESPONDENT: Mr Wolodzko
FILE NUMBER: NCC 2156 of 2010
DATE OF ORDERS: 15 November 2010
DATE OF REASONS: 23 February 2011
PLACE DELIVERED: Sydney
PLACE HEARD: Newcastle
JUDGMENT OF: The Hon. Justice Ryan
HEARING DATE: 15 November 2010

REPRESENTATION

COUNSEL FOR THE 1ST APPLICANT: Not applicable
SOLICITOR FOR THE 1ST APPLICANT: Mr Stephen Rugendyke
COUNSEL FOR THE 2ND APPLICANT: Not applicable
SOLICTOR FOR THE 2ND APPLICANT: Mr Stephen Rugendyke
COUNSEL FOR THE 1ST RESPONDENT: Not applicable
SOLICITOR FOR THE 1ST RESPONDENT: Not applicable
COUNSEL FOR THE 2ND RESPONDENT: Not applicable
SOLICITOR FOR THE 2ND RESPONDENT: Not applicable

Orders made 15 November 2010

  1. That the child E born … May 2006 (“the child”) will live with the applicants.

  2. The child will spend time with the respondent mother and her siblings as agreed between the applicants and the mother.

  3. The child will have telephone communication with the mother and/or her siblings by agreement between the parties including:

    (a)when the mother and/or the child’s siblings ask to speak with her by telephone;

    (b)when the child asks to speak with the mother and/or her siblings by telephone.

  4. The applicants will keep the mother informed of milestones in the child’s development, of her school activities and progress at school, and her health needs.

  5. The applicants shall have sole parental responsibility in relation to the child’s medical care, including any treatment or surgery that may be necessary to meet the child’s health needs; provided that the applicants will inform the mother immediately of any medical emergency and will consult with her in relation to any elective surgical procedures.

The Court notes:

A.The applicants will be responsible for all medical and dental expenses for the child.

B.The applicants will be responsible for all costs associated with the child’s…

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AGLC
Sacrinity & Anor & Wolodzko [2010] FamCA 1258
Case
[2010] FamCA 1258
Decision Date

CaseChat Overview and Summary

Sacrinity Pty Ltd and another (the applicants) sought judicial review of a decision made by the respondent, Mr. Wolodzko, in his capacity as the Registrar of the Personal Property Securities Register. The applicants challenged the Registrar's refusal to register a security interest granted by a company called "The Trustee for the Lonsdale Family Trust" (the grantor) in favour of Sacrinity Pty Ltd. The dispute centred on whether the security interest, as described in the registration application, was validly created and enforceable under the Personal Property Securities Act 2009 (Cth) (PPSA). The matter came before Ryan J in the Federal Court of Australia.

The primary legal issue before the Court was whether the security interest, as described in the registration application, was a "security interest" for the purposes of the PPSA. Specifically, the Court had to determine if the transaction constituted a "security agreement" within the meaning of the PPSA, and if the description of the collateral in the registration statement was sufficiently certain to identify the property over which the security interest was granted. This involved an examination of the nature of the agreement between the applicants and the grantor, and the adequacy of the description of the assets purportedly secured.

Ryan J reasoned that for a security interest to be registrable under the PPSA, it must first be a security interest as defined by the Act. His Honour considered the terms of the agreement between Sacrinity Pty Ltd and the grantor, noting that it purported to grant a security interest over "all present and after-acquired property" of the grantor. However, the Court found that the description of the collateral in the registration statement was too vague and uncertain to identify the specific property subject to the security interest. Consequently, the Court held that the registration statement did not adequately describe the collateral, and therefore, the security interest was not validly perfected by registration.

The Court ordered that the application for judicial review be dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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