SRBINOVSKA & SRBINOVSKA & ANOR

The proceedings involved an application by the Applicant to set aside consent orders made between the First and Second Respondents, where the Applicant claimed an interest in one of the properties subject to those orders. The matter came before Foster J of the Family Court of Australia.

The primary legal issue before the court was whether the consent orders made between the First and Second Respondents should be set aside, given the Applicant's asserted interest in a property affected by those orders. The court also considered the Applicant's application for costs against the First and Second Respondents, either on an indemnity or party/party basis, and the appropriate disposition of the file.

Foster J reasoned that the consent orders of 7 May 2013 in proceedings PAC1824/2013 should be set aside. The court also dispensed with compliance with certain Family Law Rules to facilitate the hearing of the application on an undefended basis. The court reserved its decision on costs, indicating that this aspect would be determined at a later stage.

The court ordered that the consent orders of 7 May 2013 in proceedings PAC1824/2013 be set aside. Furthermore, the court ordered that the file in PAC1824/2013 be transferred to the Family Court of Australia, Sydney Registry, to be consolidated with existing proceedings SYC1484/2010. The costs of the Applicant were reserved.