SENDAL & CURTIS
Case
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[2017] FamCA 1030
•9 November 2017
Details
AGLC
Case
Decision Date
SENDAL & CURTIS [2017] FamCA 1030
[2017] FamCA 1030
9 November 2017
CaseChat Overview and Summary
In the matter of Sendal & Curtis, Johns J of the Family Court of Australia granted leave to the Applicant, Mr Sendal, and the Respondent, Ms Curtis, to apply for and have Consent Orders regarding financial issues made after the standard application period had expired. The parties had ended their de facto relationship on 17 March 2015.
The court was required to determine whether to grant leave pursuant to section 44(6) of the *Family Law Act 1975* (Cth) to permit the parties to seek property orders outside the prescribed time limits. The parties sought to have Consent Orders made, indicating an agreement on the division of their financial matters.
The court granted leave under section 44(6) of the *Family Law Act 1975* based on the parties' consent and their intention to finally determine their financial relationship. The Consent Orders then detailed the division of property, including the proceeds from the sale of their former residential property, specific bank accounts, personal effects, and other financial assets. The orders also included provisions for each party to be solely liable for liabilities related to the property they received and for the release of claims against each other concerning property and debts. The court noted that these orders were intended to operate in full satisfaction of all claims and to finally determine the financial relationship between the parties.
The court was required to determine whether to grant leave pursuant to section 44(6) of the *Family Law Act 1975* (Cth) to permit the parties to seek property orders outside the prescribed time limits. The parties sought to have Consent Orders made, indicating an agreement on the division of their financial matters.
The court granted leave under section 44(6) of the *Family Law Act 1975* based on the parties' consent and their intention to finally determine their financial relationship. The Consent Orders then detailed the division of property, including the proceeds from the sale of their former residential property, specific bank accounts, personal effects, and other financial assets. The orders also included provisions for each party to be solely liable for liabilities related to the property they received and for the release of claims against each other concerning property and debts. The court noted that these orders were intended to operate in full satisfaction of all claims and to finally determine the financial relationship between the parties.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Remedies
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Jurisdiction
Actions
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Citations
SENDAL & CURTIS [2017] FamCA 1030
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