Sole and Sole

[2009] FamCA 339

FAMILY COURT OF AUSTRALIA

SOLE & SOLE [2009] FamCA 339

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Mr Sole

RESPONDENT: Ms Sole

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 3420 of 2007

DATE DELIVERED: 22 April 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 22 April 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr J.M. Salamanca

SOLICITOR FOR THE APPLICANT: McKean & Park

COUNSEL FOR THE RESPONDENT: Mr G.R. Dickson

SOLICITOR FOR THE RESPONDENT: Kenna Teasdale

COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER Ms A.M. Boymal

SOLICITOR FOR THE INDEPENDENT CHILDREN'S LAWYER Victoria Legal Aid

Orders

1. That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

2. That the solicitor for the husband engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

3. That any material produced under subpoena be forthwith returned to the recipient of the subpoena.

4. That all proceedings be otherwise removed from the list of cases awaiting a hearing.

5. That pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLC 3420 of 2007

MR SOLE

Applicant

And

MS SOLE

Respondent

REASONS FOR JUDGMENT

1. This is a matter that has been in the court list for some time and the parties have had a long and arduous route to get to a final hearing today and with a lot of hard work and commonsense they have resolved both the parenting issues in relation to their teenage children, as well as the property proceedings that have no doubt been causing them some angst.

2. I am familiar with the issues in both areas and the outcome, as the parties have drawn the orders in relation to the children, seems to me to be very sensible and in the best interests of the girls. 

3. Property issues are matters in which the court can make orders by consent of the parties if satisfied that the outcome for the parties is just and equitable.

4. Having read all of the financial documents and understood the respective parties' arguments, I am satisfied that these orders are well within the range of the probable outcome of the proceedings and have a strong ring of commercial reality about them. 

5. In those circumstances I am prepared to declare that the orders are just and equitable.

I certify that the preceding Five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  30 April 2009