CAWTE & CAWTE

In the matter of *Cawte & Cawte*, heard before Watts J, the court considered applications concerning parenting and property division. The proceedings were undefended, with the husband’s current whereabouts unknown and a history of family violence. The wife sought sole parental responsibility for the children, asserting a need to protect them from the father, and requested orders for the husband to spend no time with the children. Regarding property, the wife sought orders for the sale of the matrimonial home, with proceeds to be distributed after liabilities were paid, leaving the husband with his superannuation and certain household contents, and the wife retaining the balance. This division represented approximately 71.9% in the wife's favour, reflecting her greater initial, non-financial, and post-separation contributions, and allegations of waste by the husband.

The court was required to determine the appropriate parenting orders in circumstances where the husband’s location was unknown and there was a history of family violence, balancing the children’s need for protection against any potential benefit of contact with their father. In relation to property, the court had to consider the division of assets, including the matrimonial home which was subject to mortgagee proceedings and the husband’s removal from the property, in light of the wife’s contributions and alleged waste by the husband.

Watts J made orders in accordance with the wife’s proposed Minute of Orders. On parenting, the wife was granted sole parental responsibility for the children, who were ordered to live with her. The husband was ordered to spend no time with the children unless by further order or with the wife’s written agreement, and any such contact was to be supervised at an authorised contact centre. In relation to property, the wife was to continue to have sole conduct of the sale of the matrimonial home. Upon settlement, the proceeds were to be distributed to cover sale expenses, outstanding loan balances, rate arrears, a significant sum for unpaid GST, and various other debts and reimbursements to the wife, with the balance to be paid to the wife. The wife was granted exclusive occupation of the home until sale, while the husband was ordered to continue making mortgage and rate payments. The husband was also ordered to transfer certain joint bank accounts and business assets to the wife, and to indemnify her against further liability concerning a business overdraft. The husband was to collect specific items from the home within 14 days, failing which the wife could dispose of them. The husband was declared to have no interest in the wife’s superannuation, motor vehicle, or a specific bank account. The court also appointed a Registrar to execute documents on behalf of the husband if he failed to do so.