TURNER & WILLIS

In the matter of *Turner & Willis*, Ms Turner applied to the court for leave to file an Application for Consent Orders out of time. The court, presided over by Johns J, was required to determine whether to grant this leave and, by consent of the parties, to make final orders regarding parenting and property matters.

The legal issues before the court were twofold. Firstly, it had to consider whether to grant leave pursuant to section 44(6) of the *Family Law Act 1975* (Cth) for the parties to file their Application for Consent Orders out of time, as contemplated by section 44(5) of the Act. Secondly, the court was asked to make final orders by consent, which encompassed arrangements for the children's living arrangements, time spent with each parent, and the division of the parties' financial resources, including non-superannuation assets and superannuation interests.

The court granted leave for the Application for Consent Orders to be filed out of time, acknowledging the parties' agreement. By consent, the court made final orders establishing equal shared parental responsibility for the children, with the children to live with the mother and spend time and communicate with the father through various specified means, including video calls and periods of time in Victoria and Tasmania. The financial orders provided for the division of funds held in a trust account, with the mother receiving approximately 75 per cent of the net non-superannuation assets, and also addressed the division of superannuation interests held by the respondent. The orders were intended to finally determine the financial relationship between the parties.