Slater v Slater

FEDERAL COURT OF AUSTRALIA

Slater v Slater [1999] FCA 184

MERRILEE MARGARET SLATER v WALTER LAURENCE SLATER

AG 106 OF 1998

SPENDER, HIGGINS and WEINBERG JJ
25 FEBRUARY 1999
CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	AG 106 OF 1998

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:	MERRILEE MARGARET SLATER Appellant
AND:	WALTER LAURENCE SLATER Respondent
JUDGES:	SPENDER, HIGGINS and WEINBERG JJ
DATE OF ORDER:	25 FEBRUARY 1999
WHERE MADE:	CANBERRA

THE COURT ORDERS THAT:

1.The appeal in proceedings AG 106 of 1998 is dismissed.

2.The notice of motion filed 15 January 1999 is dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	AG 106 OF 1998

BETWEEN:	MERRILEE MARGARET SLATER Appellant
AND:	WALTER LAURENCE SLATER Respondent

JUDGES:	SPENDER, HIGGINS and WEINBERG JJ
DATE:	25 FEBRUARY 1999
PLACE:	CANBERRA

REASONS FOR JUDGMENT

SPENDER J:

1. This is an appeal from the refusal by Miles CJ in the Supreme Court of the Australian Capital Territory to entertain a notice of motion by Mrs Slater dated 28 September 1998.  That notice of motion sought the enforcement of orders made by Connor J in the Supreme Court of the Australian Capital Territory in 1976.  Associated with that is the contention by Mrs Slater that when Connor J on 28 July made the orders, he in fact reserved a judgment in respect of the settlement of property, that this judgment was kept secret from her and she has only had a glimpse of it in 1997 before it was snatched from her by some court officer.

2. It is a curious fact that if there had been a judgment that was reserved, it would not have been the subject of discussion in the hearing of the application by Mrs Slater before the Full Court of the Family Court, where Mrs Slater sought orders in relation to, amongst other things, the property "Wondarra".  The Full Court of Finn, Kay and Holden JJ on 7 August 1995 allowed an appeal from a judgment of Treyvaud J on 9 July 1994, and in the context of the orders in relation to the alteration of property interests that Treyvaud J had made on that day, ordered:

   “…

   (a)That by 5 October 1994, the husband pay to the wife the sum of $30,000.

   (b)That within 60 days of this order the husband pay to the wife a further sum of $70,000 together with interest calculated as and from 5 October 1994, at the rate provided by the Family Law Regulations.”

3. Mrs Slater, in support of her application which resulted in the making of those orders, sought an order that Mr Slater transfer to her all his right, title and interest in the property known as "Wondarra" at Murrumbateman, in return for Mrs Slater paying to Mr Slater an amount equal to 40 per cent of the value…