CARLSON & CARLSON

This matter concerned an interlocutory application in family law proceedings between Mr Carlson (the husband) and Ms Carlson (the wife). The dispute involved parenting arrangements for the parties' two children, B and C, and property settlement issues. The court was required to review a Registrar's decision.

The court was asked to determine the best interests of the children, including where they should live and the allocation of parental responsibility. It also needed to address property settlement, including an interim payment to the wife and specific financial obligations of the husband concerning the former matrimonial home and company assets. The wife's application for spousal maintenance and a review of a Registrar's decision were also before the court.

Cleary J made orders that the children live with the mother, with shared parental responsibility for their education and sole parental responsibility for other long-term decisions. The father was to have time with the children on alternate weekends and was restrained from approaching the mother or children except as permitted by the orders. The husband was ordered to vacate the former matrimonial home within 14 days, allowing the wife and children exclusive occupancy, and was to meet the mortgage and rate payments on that property. The husband was also restrained from dealing with his interests in certain companies and trusts without prior written notice to the wife. An interim property payment of $25,000 was ordered to be paid to the wife's solicitors. The wife's application for spousal maintenance and the application for review of the Registrar's decision were dismissed.