BESTON & WESTLAW

This matter concerned final parenting and property orders made by Hogan J in the Family Court of Australia. The dispute involved the parents of two children, C and D, and concerned arrangements for their living situation, parental responsibility, and the division of property.

The court was required to determine a range of issues, including the discharge of previous parenting orders, the children's residence, the allocation of parental responsibility for major long-term issues and day-to-day care, and the father's ability to communicate with the children. Additionally, the court had to address the discharge of previous property orders, the removal of caveats, the vacating of a property, the appointment of a trustee for sale for a specific property, the rectification and sale of that property, the distribution of sale proceeds, and the refinancing of loans. The court also considered the transfer of a motor vehicle, the payment of a sum of money to the applicant, the retention of property by each party, the removal of the applicant from a superannuation fund, and the payment of arrears of maintenance and child support, as well as spousal maintenance. Finally, the court was required to vary child support assessments.

By consent, the court ordered the discharge of all previous parenting orders. The children were to live with the mother, who was granted sole parental responsibility for all major long-term issues, subject to specific procedural requirements for consulting the father. The mother also had sole parental responsibility for the children's day-to-day care. The father was permitted to send cards, letters, and gifts to the children, with the mother to keep him informed of their address and educational facilities. Regarding property, previous orders were discharged, save for one clause. The applicant was ordered to remove caveats, vacate a property, and consent to the use of certain facilities by a bank. The respondent was appointed trustee for sale of the property at U Street, H Town, with detailed directions regarding rectification works, obtaining valuations, listing, and selling the property. The proceeds of sale were to be applied in a specified priority, including payment of loans and reimbursement of expenses. The respondent was also directed to take steps to secure the bank's consent for refinancing and to facilitate the applicant's release from a guarantee. The respondent was to transfer ownership of a German motor vehicle to the applicant, subject to her refinancing any associated liabilities, or surrender it if she was unable or unwilling to do so. A sum of money was to be deposited into the applicant's nominated bank account within 30 days of the settlement of the H Town property sale. Each party was to retain their respective property absolutely, save as otherwise provided. Both parties were to take steps to remove the applicant from the Westlaw Superannuation Fund, with a Registrar appointed to execute documents if necessary. The respondent was ordered to pay arrears of maintenance and child support, and spousal maintenance was to be paid for a period of one year, with provisions for stay of orders in case of non-compliance. Child support assessments were to be varied to be calculated using the respondent's child support income amount. All extant applications were otherwise dismissed.