Winters and Winters and Anor

In the matter of *Winters and Winters and Anor*, Kent J of the Family Court of Australia made orders by consent between the husband, Mr Winters, and the wife, Ms Winters. The proceedings, which had been listed for a five-day trial, were vacated. The dispute concerned the division of property and financial resources between the parties.

The court was required to determine the terms of a final property settlement between the parties, as evidenced by the Minutes of Consent. These orders detailed the division of various assets, including real estate, motor vehicles, bank accounts, and interests in companies and trusts, as well as the allocation of liabilities and the payment of a significant cash sum from the husband to the wife. The orders also addressed the parties' respective entitlements and responsibilities concerning the Winters Group structure and a superannuation fund.

The court's reasoning was based on the consent of the parties, who had agreed to the terms set out in the Minutes of Consent. These terms represented a comprehensive settlement of all property and financial matters between them. The orders provided for the transfer of various assets and liabilities, the discharge of the wife from certain financial obligations, and the husband's indemnification of the wife in relation to specific debts and liabilities. The court applied the principles of consent orders under Rule 10.17 of the Family Law Rules 2004, ensuring that the agreed terms were formally recorded and made binding.

The final orders dictated the specific actions each party was to take by a defined settlement date, including the transfer of property, the refinancing of loans, and the payment of a substantial cash sum. The orders also included provisions for the discharge of previous orders, the dismissal of outstanding applications, and each party bearing their own costs. Liberty to apply was granted for interpretation or enforcement, and a mechanism was established for a Registrar to execute documents if a party failed to comply with the orders.