SHETLAND & REED

This matter concerned an application by Ms Shetland (the Applicant) and Mr Reed (the Respondent) for consent orders regarding financial matters following the end of their de facto relationship in June 2012. The court was required to determine whether to grant leave to apply for these orders outside the standard application period and to make orders by consent in accordance with the parties' minutes.

The court was asked to consider the application for leave pursuant to Section 44(6) of the Family Law Act 1975, which allows for applications to be made after the prescribed time limits have expired. The primary legal issue was whether the circumstances warranted the granting of such leave, and if so, to approve and seal the Minutes of Consent detailing the financial settlement between the parties.

Johns J granted leave pursuant to Section 44(6) of the Family Law Act 1975. The court then made orders by consent, which were to be in accordance with paragraphs 1 to 8 of the Minutes of Consent. These orders included the Applicant paying the Respondent $30,000 within thirty days, with $20,000 of this sum being attributable to spousal maintenance. Contemporaneously, the Applicant was to transfer her interest in the parties' home to the Respondent, who was to indemnify the Applicant against all rates, taxes, and insurances related to the property. The orders also stipulated that each party would retain exclusive entitlement to personal effects, chattels, and financial accounts in their possession, and each party released the other from further claims regarding property and debts, save for the enforcement of the consent orders. The court noted that these orders were intended to operate in full satisfaction of all claims between the parties and to finally determine their financial relationships.