Chan and Wiu

In the matter of *Chan and Wiu*, Justice Cronin of the Family Court of Australia considered allegations made by the wife against the husband concerning contraventions of parenting orders. The dispute centred on the husband's alleged failure to comply with previous orders regarding the children and his conduct in relation to property.

The court was required to determine whether the wife's allegations of contravention were proved and, if so, whether they were established under the relevant provisions of the *Family Law Act 1975* (Cth). Additionally, the court had to consider the appropriate orders to be made in light of the findings, including variations to parenting arrangements, injunctions regarding property, and financial orders for costs and reimbursement.

Justice Cronin found the wife's allegations proved and established pursuant to subdivision E of Division 13A of Part VII of the *Family Law Act 1975*. The court varied existing parenting orders to allow the wife a ten-week period with the children in Australia. An injunction was imposed restraining the husband from dealing with a specific property. The husband was also ordered to pay the wife various sums, including security for future compliance with parenting orders, reimbursement for airfares, legal costs incurred in Taiwan, and costs thrown away in the contravention proceedings. The court further ordered that if the husband failed to make these payments by a specified date, his interest in the property would be transferred to a trust for sale, with the proceeds to be distributed first to cover sale costs, then the mortgage, then the amounts due to the wife, and finally any balance to the husband. The husband was granted liberty to apply to set aside these orders upon explaining his failure to attend proceedings.