Baker and Baker

This matter concerned an application by Mr Baker (the applicant husband) and Ms Baker (the respondent wife) in the Family Court of Australia. The dispute involved parenting arrangements for the child of the marriage, the sale of the former matrimonial home, and the division of superannuation interests.

The court was required to determine the specific conditions under which the husband could attend and inspect the former matrimonial home, particularly in relation to the sale process. Additionally, the court needed to formalise parenting orders, including the child's living arrangements and time spent with each parent, and to make orders regarding the sale of the former matrimonial home and the division of its proceeds. The court also had to address the division of the husband's superannuation interests.

The court made orders by consent regarding parenting arrangements, establishing equal shared parental responsibility with the child living with the wife and detailing specific times the child would spend with the husband. The court also ordered the sale of the former matrimonial home, with the proceeds to be divided with a specific adjustment for the wife, and granted the wife sole occupation pending sale. Crucially, the court permitted the husband to attend the first home open and the auction of the former matrimonial home under strict conditions, including being alone, not taking photos, attending in the presence of an agent, and not remaining for longer than 30 minutes. The court further ordered a division of the husband's superannuation interests in favour of the wife.