WORRELL & SUNNER

Case

[2009] FamCA 824

3 SEPTEMBER 2009


Details
AGLC Case Decision Date
WORRELL & SUNNER [2009] FamCA 824 [2009] FamCA 824 3 SEPTEMBER 2009

CaseChat Overview and Summary

In the matter of *Worrell & Sunner*, heard by Justice Cronin, the parties presented minutes of proposed orders for the Court's consideration. The dispute concerned matters arising from these proposed orders, particularly in relation to section 118 of the *Family Law Act 1975* (Cth).

The primary legal issue before the Court was whether to make the proposed order numbered 10, which was specifically brought under section 118 of the *Family Law Act 1975* (Cth). The Court was also required to determine the particulars of obligations and consequences arising from the orders made, as well as the provision of assistance for parties to comply with them.

Justice Cronin made orders by consent in accordance with paragraphs 1 to 9 of the minutes of proposed orders, which were sealed and attached to the Court's record. However, the Court declined to make the proposed order numbered 10 pursuant to section 118 of the *Family Law Act 1975* (Cth). Liberty to apply was granted in respect of issues arising from paragraph 2 of the orders. All other proceedings were dismissed. The Court also directed that particulars of obligations, consequences of contravention, and details of assistance were to be included in a Fact Sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The solicitor for the husband was directed to engross the minutes, including paragraph 10, and deliver them electronically to the Associate within seven days.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

  • Costs

  • Jurisdiction

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