Sutton & Sutton and Anor [2012] FamCA 454 – 08/06/2012

CATCHWORDS:

FAMILY LAW ─ PROPERTY SETTLEMENT ─ Whether, if undisturbed, the orders of the Local Court made in 1997 preclude the making of orders for settlement of property pursuant to s 79 of the Act ─ Whether, if in order to enliven jurisdiction pursuant to s 79 of the Act, the orders of the Local Court made in 1997 must first be set aside, such orders should be set aside pursuant to s 79A of the Act ─ Whether, if the orders of the Local Court made in 1997 are not set aside, the wife should be granted an extension of time to appeal against the 1997 orders pursuant to s 96 of the Act, and, if such leave be granted, whether the wife’s appeal should succeed ─ Whether, if jurisdiction pursuant to s 79 of the Act is enlivened, the transfer by the husband to the second respondent of a one half interest in the property at Suburb A if undisturbed, would defeat the wife’s claim pursuant to s 79 of the Act and should thus be set aside pursuant to s106B of the Act ─ Whether if jurisdiction pursuant to s 79 is enlivened, the orders for settlement of the property of the parties which are just and equitable