York and Carden

This matter concerned a property application brought by the wife, Ms York, against the respondent husband, Mr Carden, in the Family Court of Australia. The parties had cohabited from February 1992, married in February 1995, and separated in November 2003. The proceedings were before Guest J in the Standard Track List of defended cases.

The court was required to determine whether the consent orders reached by the parties were just and equitable, as mandated by section 79(2) of the *Family Law Act 1975*. The parties had settled their contested applications through discussion, and the court's role was to ensure the proposed orders met the statutory requirements for a just and equitable settlement, notwithstanding that they were made by consent.

Guest J, having reviewed the trial affidavits, reports, and case outline documents, expressed satisfaction that the compromise reached by the parties was a just and proper settlement. The court applied the principles of section 79(4)(a) to (d) of the *Family Law Act 1975* and exercised its discretion to approve the settlement. The court congratulated the parties and their legal advisors on achieving a resolution that was considered just and equitable in the circumstances. The orders detailed the division of property, including the former matrimonial home, a motor vehicle, furniture, frequent flyer points, shares in various companies and trusts, and a dog named Socks. The husband was ordered to pay the wife a significant sum, with provisions for sale of other property if payment was not made in full. The orders also included provisions for ongoing support and release from guarantees, and importantly, were intended to finally determine the financial relationship between the parties pursuant to section 81 of the *Family Law Act 1975*.