Wohenbuch & Wohenbuch

[2009] FamCA 591

FAMILY COURT OF AUSTRALIA

WOHENBUCH & WOHENBUCH [2009] FamCA 591

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Wohenbuch

RESPONDENT: Mr Wohenbuch

FILE NUMBER: MLC 5275 of 2008

DATE DELIVERED: 7 JULY 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: IN CHAMBERS

REPRESENTATION

SOLICITOR FOR THE APPLICANT: MACKINNON JACOBS HORTON & IRVING

SOLICITOR FOR THE RESPONDENT: BALLARDS SOLICITORS

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.

2. That the solicitor for the wife engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

3. That the reasons for judgment be placed on the court file.

4. That pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5275  of 2008

MS WOHENBUCH

Applicant

And

MR WOHENBUCH

Respondent

REASONS FOR JUDGMENT

1. This is a matter that was listed as the second case in the list commencing on 6 August 2009. 

2. On 19 June 2009, the parties mediated and resolved the dispute both in respect of parenting and financial matters.  The parties have now signed minutes of consent orders. 

3. In relation to the parenting matters concerning the child, the parties have agreed on a week-about arrangement.  The child is 12 years of age.  I note that the recommendation of the family consultant supports that order.  I am satisfied in the circumstances that the orders are in the best interests of the child.

4. In relation to property matters, I have had the advantage of reading the file and I understand that the division is effectively as to 47.5 per cent to the wife and 52.5 per cent to the husband.  The basis behind the disparity is the fact that the relevant real property and a business were owned by the husband’s father and transferred to the husband and the parties have appropriately recognised that contribution.

5. The parties have been appropriately represented by practitioners and reached the resolution with the assistance of Mr Sweeney of counsel.  The result has a distinct ring of commercial reality about it.

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

I certify that the preceding Six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  7 July 2009