Weir and Weir

[2009] FamCA 451

FAMILY COURT OF AUSTRALIA

WEIR & WEIR [2009] FamCA 451

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: MR WEIR

RESPONDENT: MS WEIR

FILE NUMBER: MLC 11555 of 2008

DATE DELIVERED: 15 MAY 2009

PLACE DELIVERED: MELBOURNE

PLACE HEARD: MELBOURNE

JUDGMENT OF: CRONIN J

HEARING DATE: 15 MAY 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: MR ROBINSON

SOLICITOR FOR THE APPLICANT: ROBINSON GILL

COUNSEL FOR THE RESPONDENT: MRS SERAFINI

SOLICITOR FOR THE RESPONDENT: SERAFINI & HILL

Orders

BY CONSENT IT IS ORDERED

1. That the husband pay to the wife the sum of $82,500.00 (“the payment”) on or before 15 June 2009 (“the date”) in the following manner:

   (a)an amount sufficient to discharge the Commonwealth Bank mortgage secured on the real property situate at M (“the real property”);

   (b)the balance by bank cheque payable to the wife or as she directs;

   (c)the husband indemnify the wife against all payments and liability pursuant to the Commonwealth Bank mortgage registered No. … to the Commonwealth Bank (“the mortgage) and otherwise the wife indemnify the husband against all rates, taxes and outgoings of or with respect to the real property of whatsoever nature and kind;

   (d)the husband discharge the Commonwealth Bank mortgage.

   (e)The wife at the husband’s expense do all acts and things and sign all documents necessary:

   (i)to relinquish to the husband or as he directs all her entitlements in the Weir Superannuation Fund;

   (ii)to resign any officeholding in Weir Pty Ltd and transfer any shares to the husband or as he directs.

2. That contemporaneously with the payment the husband do all such acts and things and sign all such documents as may be required to transfer to the wife at the expense of the wife all of his right, title and interest in the real property.

3. That unless otherwise specified in these Orders and save for the purposes of enforcing any monies due under these or any subsequent Orders:

   (a)each party be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these Orders (the furniture, personal possessions, and like chattels in the real property being deemed to be in the possession of the wife;

   (b)monies standing to the credit of the parties of the parties in any joint bank account are to be divided equally between the husband and wife;

   (c)each party forego any claims they may have to any superannuation benefits belonging to or earned by the other;

   (d)insurance policies remain the sole property of the beneficiary named therein;

   (e)each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders;

   (f)any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

4. That the Application of the husband filed on 22 December 2008 and of the wife filed on 3 March 2009 be otherwise dismissed.

IT IS CERTIFIED

1. That pursuant to Chapter 19 of the Family Law Rules this matter reasonably required the attendance of a Solicitor acting as Counsel.

IT IS DIRECTED

1. That the Minutes of Consent Orders remain on the Court file.

2. That the Solicitor for the husband file 3 clean copies of these Orders within 14 days.

3. That all/property/maintenance issues be removed from the Pending Cases List.

4. That any future hearing/conference date be vacated.

THE COURT NOTES

1. That pursuant to Section 81 of The Family Law Act 1975 the parties intend that these orders shall as far as practicable finally determine the financial relationship between them and avoid further proceedings between them.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 11555 of 2008

MR WEIR

Applicant

And

MS WEIR

Respondent

REASONS FOR JUDGMENT

1. This is a matter transferred to me in Chambers by a Registrar after the parties and their lawyers attended the Court and reached a compromise in respect of financial matters.

2. I have been asked to make these final orders.

3. There is some disagreement about the pool of assets for division but that is modest.  On the material, the parties have few assets.

4. I have read the file documents made available to me and whilst each party has a different approach to the assessment of their contributions, the difference is not large.

5. The parties were married in 1988, separated in 2008 and were divorced on 24 March 2009 by an order of the Federal Magistrates Court.  There are no children of the marriage .

6. The adjustment between the parties takes into account their respective contributions and the factors set out in s75(2) of the Family Law Act 1975.

7. Both parties have been represented by lawyers who have prepared the documents before me.

8. In all of the circumstances, I am satisfied that these orders are just and equitable.

I certify that the preceding paragraphs are
a true copy of the reasons for judgment herein
of The Honourable Justice Cronin

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Associate: