Debster and Silver

This case involved Ms Debster (the Applicant) and Mr Silver (the Respondent) before the Family Court of Australia. The dispute concerned parenting orders for the parties' three children and financial matters arising from their separation after a 13-year marriage. The parties had previously separated in 2009, and a consent order from a Country G court in December 2010 stipulated that the children reside with their father.

The court was required to determine the procedural path forward for the parenting dispute, specifically whether to exercise its discretion to reopen the parenting issues given the existing Country G orders, and to set a date for a substantive trial. Additionally, the court needed to address financial matters, including the disposition of the former matrimonial home, which was being rented out, and the husband's financial capacity and expenses, particularly in light of the wife's current lack of independent income and impending childbirth.

Justice Cronin noted the protracted nature of the proceedings and the unusual language in the existing Country G orders that had caused difficulties. The court ordered that all extant applications for final orders be listed for a first day of hearing on 5 December 2011, with parties and legal practitioners to attend. Strict timelines were set for the filing of amended applications and responses, as well as affidavits of evidence in chief, to ensure clarity on the orders sought. The court also ordered separate representation for the children by an Independent Children’s Lawyer, requesting Victoria Legal Aid to arrange this, and stipulated that the Independent Children’s Lawyer file a Notice of Address for Service and provide proposals for orders to the parties. The court also made an interim order directing rental income from the former matrimonial home to be paid into the mortgage account.

The court dismissed certain previously filed applications and responses, indicating that the substantive parenting dispute would likely involve a variation of the Country G orders. The court also indicated its intention to fix a trial date for the parenting and financial matters for early 2012, and reserved costs. The court further ordered that the reasons for judgment be transcribed.