Sole and Sole
Case
•
[2009] FamCA 339
•22 April 2009
Details
AGLC
Case
Decision Date
Sole and Sole [2009] FamCA 339
[2009] FamCA 339
22 April 2009
CaseChat Overview and Summary
In the matter of *Sole and Sole*, Cronin J made orders by consent between the parties. The specific nature of the dispute leading to these orders is not detailed, but the outcome involved the sealing and attachment of minutes of proposed orders, which were to be engrossed by the husband's solicitor and delivered to the Associate within seven days.
The court was required to determine the terms of the final orders to be made by consent, including directions for the engrossment and delivery of those orders. Furthermore, the court was to ensure that the orders complied with specific legislative requirements, namely sections 65DA(2) and 62B of an unspecified Act, by including particulars of obligations, consequences of contravention, and details of assistance available to the parties.
Cronin J applied the principle of making orders by consent, as evidenced by the parties' agreement to the minutes of proposed orders. The court also exercised its power to direct the engrossment and delivery of these orders and to ensure compliance with statutory requirements for clarity and enforceability. The court ordered the return of any material produced under subpoena and removed all proceedings from the list of cases awaiting a hearing, signifying the finalisation of the matter.
The court was required to determine the terms of the final orders to be made by consent, including directions for the engrossment and delivery of those orders. Furthermore, the court was to ensure that the orders complied with specific legislative requirements, namely sections 65DA(2) and 62B of an unspecified Act, by including particulars of obligations, consequences of contravention, and details of assistance available to the parties.
Cronin J applied the principle of making orders by consent, as evidenced by the parties' agreement to the minutes of proposed orders. The court also exercised its power to direct the engrossment and delivery of these orders and to ensure compliance with statutory requirements for clarity and enforceability. The court ordered the return of any material produced under subpoena and removed all proceedings from the list of cases awaiting a hearing, signifying the finalisation of the matter.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Consent
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Sole and Sole [2009] FamCA 339
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1