Terrie and Dargent

[2008] FamCA 364

FAMILY COURT OF AUSTRALIA

TERRIE & DARGENT [2008] FamCA 364

FAMILY LAW – PROPERTY – Consent orders

Family Law Act 1975 (Cth)

APPLICANT: Ms Terrie

RESPONDENT: Mr Dargent

FILE NUMBER: MLF 3306 of 2005

DATE DELIVERED: 8 May 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 8 May 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms S. Snyder

SOLICITOR FOR THE APPLICANT: Susan Snyder

COUNSEL FOR THE RESPONDENT: Ms Fisken

SOLICITOR FOR THE RESPONDENT: Kennedy Wisewoulds

Orders

1. In the matter of Terrie & Dargent I make orders in terms of the minutes which I will mark as exhibit A.  I direct that the exhibit remain on the court file, and I will ask the solicitors for the husband to engross within seven days. 

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLF 3306 of 2005

MS TERRIE

Applicant

And

MR DARGENT

Respondent

REASONS FOR JUDGMENT

1. This is a matter which would have been clogging up the list and have taken some time had it run as a contested matter.  I have had the advantage of not only reading the file but also hearing from both practitioners for the parties.  The matter has been before me on a couple of occasions now.  At a point in time when the matter was resolved but the parties needed to tinker with the written minutes and today I have the pleasure of making the orders in the terms that they have signed. 

2. The marriage is a long one, and there are complications because of the liabilities, but ultimately there is a strong ring of commerciality about what they are doing, so to that extent they are saving themselves a lot of anguish and a lot of money.  The ultimate division seems to be as Ms Snyder says somewhere around the 60 per cent, 40 per cent division and that seems to me to be well within the range of the probable outcome of the case had those facts been put to me in any event.

3. In the circumstances I am satisfied that the agreement is just and equitable as between the parties and I am prepared to make the orders.

I certify that the preceding Three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  15 May 2008