Timmins and Timmins

[2008] FamCA 428

FAMILY COURT OF AUSTRALIA

TIMMINS & TIMMINS [2008] FamCA 428

FAMILY LAW – PROPERTY – Consent orders

Family Law Act 1975 (Cth)

APPLICANT: MRS TIMMINS

RESPONDENT: MR TIMMINS

FILE NUMBER: MLC 8011 of 2007

DATE DELIVERED: 18 JUNE 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: CRONIN J

HEARING DATE: IN CHAMBERS

REPRESENTATION

SOLICITOR FOR THE APPLICANT: LANDER & ROGERS

SOLICITOR FOR THE RESPONDENT: TAUSSIG CHERRIE & ASSOCIATES

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.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8011  of 2007

MRS TIMMINS

Applicant

And

MR TIMMINS

Respondent

REASONS FOR JUDGMENT

1. I have now made final orders between the parties finalising all of the financial issues between them.

2. These orders have been made on the papers in chambers.  The documents relied upon have been the minutes, the covering letters signed by the practitioners and the various documents of which I am aware having previously been involved with the file.

3. I am satisfied that this is a pragmatic solution for the parties and has a strong commercial flavour about it.

4. The parties commenced living together in 1989, married in 1992 and separated in January 2007. 

5. The wife is 52 years of age and the husband 44 years.  There are no parenting issues involved.

6. Proceedings were commenced in July 2007. 

7. On 12 May 2008, I refused an application for an expedited hearing.

8. The parties have a pool of assets which is modest.

9. Section 79(2) of the Family Law Act 1975 (Cth) (“the Act”) says that an order should only be made if it is just and equitable to do so. It is the responsibility of the Court not to act as a rubber stamp but to be satisfied that the orders are appropriate within the meaning of s 79.

10. The parties have obviously considered all of the matters in s 79(4) and those set out in s 75(2) and have therefore resolved the matter, as I have said, with a strong commercial sense of reality.

11. The parties are to be commended for what they have achieved.

12. I am satisfied in the circumstances that the orders are just and equitable.

I certify that the preceding Twelve (12) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  18 June 2008