Cadenet and Behrendt

Harper J presided over proceedings involving Cadenet and Behrendt, where the parties sought to resolve disputes concerning their child. The matter came before the court for the making of consent orders, with amendments and variations to existing orders being considered.

The court was required to determine the specific terms of consent orders relating to various aspects of the child's welfare and arrangements. This included the precise definition of school holiday periods, the conditions and notice periods for domestic and international travel with the child, and the arrangements for telephone contact between the child and each parent. The court also addressed the consequences of contravening these orders and the discharge of certain previous orders in favour of new provisions.

The court's reasoning was primarily based on the agreement of the parties, as evidenced by the "Minute of Consent Orders" and other handwritten documents. Harper J applied principles of family law concerning the best interests of the child, ensuring that the orders were clear, enforceable, and addressed the practicalities of parental responsibilities. Specific attention was given to the detail required for travel arrangements, including notice periods, itinerary provision, and the circumstances under which a responsible adult could accompany the child. The court also incorporated provisions for telephone contact, aiming to facilitate ongoing communication between the child and the non-resident parent.

The court made orders by consent, incorporating the terms of the agreed minutes. These orders included specific provisions for travel, telephone contact, and the definition of school holiday periods, with amendments to existing orders from 8 February 2017. The court also directed the solicitors for both the applicant and respondent to file clean certified typescripts of the consent orders within three business days. Costs were reserved for 8 April 2019, and extant applications were adjourned for mention.