FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Dorbis & Dorbis (No 2) [2025] FedCFamC2F 64
File number(s): BRC 5571 of 2022 Judgment of: JUDGE COPE Date of judgment: 29 January 2025 Catchwords: FAMILY LAW – PARENTING - where the child lives primarily with the mother who seeks sole decision making and a reduction in the child’s time with the father, where father proposes joint decision making for major long term issues and increased time, where there are allegations of family violence and issues regarding the mental health of the child and the father, where the father argues the mother struggles to facilitate father/child relationship
FAMILY LAW – PROPERTY - where there are addbacks sought, where the asset pool is in dispute, where contributions and future needs are in issue
FAMILY LAW – CHILD SUPPORT – Application for departure – where mother seeks departure order for school fees and other expenses - where father seeks dismissal
Legislation: Family Law Act 1975 (Cth) ss 60CG, 61CA, 61D, 61DAA, 61DAB, 65D, 65DAB, 60CC, 75, 79, 106A
Child Support (Assessment) Act 1989 ss 4, 116, 117, 124, Division 4 Part 7
Convention on the Rights of the Child 20 November 1989
Cases cited: A v A (1998) FLC 92-800
Bagala & Bagala [2009] FMCAfam 953
Bevan & Bevan (2013) FLC 93-545
C & C [1998] FamCA 143
Cahill & Cahill (2006) FLC 93-253
Dickons v Dickons (2012) 50 FamLR 244
Gyselman and Gyselman (1992) FLC 92-279
Hickey & Hickey (2003) FLC 93-143
Isles & Nelissen (2022) FLC 94-092
Mallet v Mallet (1984) 156 CLR 605
Norbis v Norbis (1986) 161 CLR 513
Omacini & Omacini (2005) FLC 93-218
Pickford & Pickford [2024] FedCFamC1A 249
Stanford v Stanford (2012) FLC 93-518
Trevi & Trevi (2018) FLC 93-858
Wallis & Manning (2017) FLC 93-759
Division: Division 2 Family Law Number of paragraphs: 230 Date of last submission/s: 30 July 2024 Date of hearing: 29 and 30 July 2024 Place: Cairns Counsel for the Applicant: Mr Bunning Solicitor for the Applicant: Simonidis Steel Lawyers Counsel for the Respondent: Mr Jordan Solicitor for the Respondent: Waller Family Lawyers ORDERS
BRC 5571 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS DORBIS
Applicant
AND: MR DORBIS
Respondent
ORDER MADE BY:
JUDGE COPE
DATE OF ORDER:
29 JANUARY 2025
THE COURT ORDERS THAT:
Parenting
Decision Making – Major Long-Term Issues
1.The mother will have sole parental responsibility for the long-term care, welfare and development of the child X born in 2017 (“the child”), including any decisions related to major long-term issues.
2.The mother will advise the father of any decisions regarding major long-term issues within seven (7) days of the decision.
3.The parents will each inform the other immediately should the child suffer an illness (other than minor childhood ailments), be hospitalised or should any major injury occur while the child is in their care.
4.This Order is an authority for either parent to obtain from any…
Continue reading Dorbis & Dorbis (No 2)
Sign in free to access the full text
- AGLC
- Dorbis & Dorbis (No 2) [2025] FedCFamC2F 64
- Case
- [2025] FedCFamC2F 64
- Decision Date
CaseChat Overview and Summary
The court addressed the contentious parenting arrangements by awarding the mother sole responsibility for major long-term decisions about the child, with specific provisions on communication and information sharing between parents. The living arrangements were meticulously detailed, with the child primarily residing with the mother but spending significant time with the father during school terms and holidays. The court imposed strict guidelines for communication, travel, and health information sharing, aiming to ensure a stable and respectful co-parenting environment. In terms of property division, the court ordered an equal division of the asset pool, taking into account specific contributions and needs of each party. The court also outlined procedures for handling capital gains tax and other financial obligations arising from the sale of assets. Finally, the court dismissed the mother's application for a departure order regarding child support, finding no basis to alter the standard assessment.
The final orders comprehensively address parenting, property, and support issues, reflecting a balanced approach considering the best interests of the child and the principles of fairness in family law.
Orders
Orders of the court
BRC 5571 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS DORBIS
Applicant
AND:
MR DORBIS
Respondent
ORDER MADE BY:
JUDGE COPE
DATE OF ORDER:
29 JANUARY 2025
THE COURT ORDERS THAT:
Parenting
Decision Making – Major Long-Term Issues
1. The mother will have sole parental responsibility for the long-term care, welfare and development of the child X born in 2017 (“the child”), including any decisions related to major long-term issues.
2. The mother will advise the father of any decisions regarding major long-term issues within seven (7) days of the decision.
3. The parents will each inform the other immediately should the child suffer an illness (other than minor childhood ailments), be hospitalised or should any major injury occur while the child is in their care.
4. This Order is an authority for either parent to obtain from any treating medical practitioner, hospital and/or healthcare professional any information concerning the health of the child, at the expense of the parent requesting such information and/or documents.
5. This Order authorises the child’s school/s to provide to each of the parents any information in relation to the child’s progress and copies of reports, newsletters and photographs, at the expense of the parent requesting such information and/or documents.
6. During the time the child is with either parent or communicating with either parent, then the parents shall:
(a) Respect the privacy of the other parent and not question the child about the personal life of the other parent;
(b) Speak of the other parent respectfully;
(c) Not undermine the child’s relationship with the other parent;
(d) Not denigrate or insult the other parent in the presence or hearing of the child and use their best endeavours to ensure that others do not denigrate or insult the other parent in the hearing or presence of the child; and
(e) Not physically discipline the child.
Living Arrangements
7. The child will live with the mother.
8. During the school terms, the child will spend time with the father as agreed between the parties in writing and failing agreement:
(a) From the date of this Order until the commencement of Term 1 in Grade 3 (2026):
(i) In week 1:
A. From after school on Wednesday (or 3:00pm if a non-school day) until before school on Thursday (or 6:00pm if a non-school day).
(ii) In week 2:
A. From after school on Friday (or 3:00pm if a non-school day) until before school on Monday (or 6:00pm if a non-school day).
(b) From the commencement of Term 1 in Grade 3 (2026):
(i) Each alternate weekend from after school on Thursday (or 3:00pm if a non-school day) until before school on Monday (or if Monday is a Public Holiday or Pupil Free Day then 6:00pm).
(c) With the mother for the balance of the time.
9. From the commencement of Term 1 Grade 2 (2025), unless otherwise agreed in writing, during Queensland school holiday periods:
(a) The child will spend one half of all school holiday periods with the father and in the event the parents cannot reach agreement as to which half, the child will spend the first half of the school holiday period with the father in odd-numbered years and the second half of the school holiday period with the father in even‑numbered years;
(b) With the mother for the balance of the time; and
(c) The time during school terms set out at Order 8 above is suspended during school holidays.
10. On the child’s birthday, the child will spend time with the parent they do not wake up with as follows:
(a) On a school day, from the conclusion of school to 6:00pm that day; and
(b) On a non-school day, from 1:00pm to 6:00pm that day.
11. The child will spend time with the father on the father’s birthday as follows:
(a) If the day falls on a school day, then from after school to 9.00am (or the commencement of school) the next day; and
(b) If the day falls on a non-school day, then from 3.00pm to 9.00am (or the commencement of school) the next day.
12. The child will spend time with the mother on the mother’s birthday as follows:
(a) If the day falls on a school day, then from after school to 9.00am (or the commencement of school) the next day; and
(b) If the day falls on a non-school day, then from 3.00pm to 9.00am (or the commencement of school) the next day.
13. The child will live with the father on the Father’s Day weekend from after school on Friday (or 3:00pm if a non-school day) to before school on Monday (or 9:00am if a non-school day) in each year.
14. The child will live with the mother on the Mother’s Day weekend from after school on Friday (or 3:00pm if a non-school day) to before school on Monday (or 9:00am if a non-school day) in each year.
15. On Easter Sunday, the child will spend time with the parent she does not wake up with from 1:00pm to 6:00pm that day.
16. The child will spend time with the parents over the Easter period as follows:
(a) From 9:00am Good Friday to 6:00pm Easter Saturday, with the father in even numbered years and the mother in odd numbered years; and
(b) From 6:00pm Easter Saturday to 6:00pm Easter Monday, with the father in odd numbered years and the mother in even numbered years.
17. The child will spend time with the parents over the Christmas period as follows:
(a) From 9:00am Christmas Eve to 6:00pm Christmas Day, with the father in even numbered years and the mother in odd numbered years; and
(b) From 6:00pm Christmas Day to 6:00pm Boxing Day, with the mother in even numbered years and with the father in odd numbered years.
18. Changeover will occur at the child’s school on school days and at McDonalds in Suburb B on non-school days.
Communication
19. Unless otherwise agreed between the parents in writing, the child will communicate with the father during school terms each Thursday that the child is not living with him, such time to occur between 5:30pm and 6:00pm, with the father to make the call, and the mother will ensure that the child is available to speak, uninterrupted with the father.
20. Unless otherwise agreed between the parents in writing, the child will communicate with each parent when she is not in their care during the school holidays to occur each Thursday between 5:30pm and 6:00pm, with the parent who does not have the child in their care to make the call, and the other parent will ensure that the child is available to speak, uninterrupted with the parent who is calling.
21. Calls in accordance with these Orders will commence and conclude within the specified time frame, unless otherwise agreed between the parties with such agreement to be in advance of the call and in writing.
22. Calls will take place during periods of any overseas travel in accordance with these orders, NOTING THAT the time for calls to occur will be the time where the child is located unless otherwise agreed in writing.
Travel
23. Should either parent intend for the child to travel interstate during the times the child is to live or spend time with them, the travelling parent shall provide the other parent with at least seven (7) days’ written notice of such intention.
24. Upon the child turning 12 years of age, the parents may apply for the child to be issued with an Australian passport, and in this respect, within fourteen (14) days of a written request of either parent to do so, the parents will each respectively do all acts and sign all such documents necessary for the child to be issued with an Australian passport, and the parents will share equally in the expense of the passport.
25. In circumstances where the child’s passport has less than six (6) months validity, the parents will each respectively do all acts and sign all such documents necessary for the child’s passport to be renewed, and the parents will share equally in the expense of renewal.
26. Once the child has turned 12 years of age, each party is permitted to travel overseas with the child during the school holiday periods, or such other times that may be agreed in writing between the parents, when the child is scheduled to live with or spend time with them, provided that:
(a) The travelling parent confirms in writing with the other parent at least six (6) weeks prior to the commencement of such period, his or her intention to travel overseas with the child and the proposed flights and accommodation for the child;
(b) The travelling parent meet all the expenses associated with the trip including visa and passport expenses;
(c) Not less than four (4) weeks prior to the proposed trip, the travelling parent provide the other parent with a copy of the return plane tickets and a detailed itinerary of the travel for the child;
(d) The travelling parent will obtain comprehensive travel insurance for the child and provide the certificate of insurance to the other parent at last two (2) weeks prior to the overseas trip;
(e) The travelling parent will have the child vaccinated for the destination country or countries as recommended by the World Health Organisation and/or the child’s treating general practitioner;
(f) Not less than two (2) weeks prior to the overseas trip, the travelling parent will provide the other parent with the locality of where the child will be staying and a contact phone number and email address on which the child can be reached.
27. Notwithstanding the preceding order, each parent is restrained from travelling with the child overseas, unless otherwise agreed in writing, to any of the following destinations:
(a) Any country that has a current travel advice waring issued by the Australian Department of Foreign Affairs and Trade Smart Traveller website (or equivalent Australian Government travel warning) of “exercise a high degree of caution,” “do not travel,” “reconsider your travel,” or similar travel warnings; and
(b) Any country that is not a signatory to The Hague Convention on the Civil Aspects of Child Abduction.
28. Upon issue and/or renewal, the child’s passport will be held by the mother.
29. Provided the father has complied with Orders 26 and 27 herein, then for the purposes of overseas travel, the child’s passport will be released to the father at least fourteen (14) days prior to the scheduled departure.
30. The father will return the child’s passport to the mother within seven (7) days of the child’s return to the Commonwealth of Australia.
Property
NOTING THAT an equal division of the matrimonial property is to occur, and FURTHER NOTING THAT the Asset Pool for distribution between the parties is as set out in attachment “A” to these orders, then:
Parties to Retain
31. The wife will forthwith retain as her absolute property, the title and possession of and the husband forthwith relinquish and/or transfer all right, title and interest that he may have in and to the following property and financial resources:
(a) The $100,000 partial property settlement if already received in accordance with the Order made on 5 August 2024;
(b) The furniture, chattels and effects currently in the wife’s possession;
(c) The wife’s bank account(s);
(d) The wife’s shareholdings;
(e) The wife’s superannuation entitlements; and
(f) All other proprietary interests of whatsoever nature in the wife’s current possession and/or control.
32. The husband will forthwith retain as his absolute property, the title and possession of and the wife forthwith relinquish and/or transfer all right, title and interest that she may have in and to the following property and financial resources:
(a) The $100,000 partial property settlement if already received in accordance with the Order made on 5 August 2024;
(b) The husband’s interest in D Partnership;
(c) The furniture, chattels and effects currently in the husband’s possession;
(d) The husband’s bank account(s);
(e) Motor Vehicle 1;
(f) The husband’s shareholdings, other than as provided for in these Orders or any subsequent Orders of this court;
(g) The husband’s superannuation entitlements; and
(h) All other proprietary interests of whatsoever nature in the husband’s current possession and/or control.
Cash payment to the wife
33. After compliance with the Orders made on 5 Augst 2024, the net proceeds of sale of the property situated and known as E Street, Suburb F in the State of Queensland also known as Lot … on Registered Plan … (“the Suburb F property”), being the funds held in the Simonidis Steel Lawyers trust account, will be distributed as follows:
(a) To the wife, such amount as required to achieve an overall equal property settlement; and
(b) Any remainder to the husband.
34. In the event the funds received by the wife from the sale of the Suburb F property are insufficient to achieve an overall division of 50% in the wife’s favour, then within seven (7) days of the settlement of the sale of the Suburb F property, the husband will do all acts and things necessary to sell the entirety of his shareholdings with G Company (account no. …), and on settlement of the sale, the sale proceeds will be disbursed as follows:
(a) To the Simonidis Steel Lawyers trust account, such amount as is estimated in capital gains tax calculated pursuant to Order 36 herein;
(b) To the wife, such amount as is necessary to achieve an equal distribution of the asset pool, with the asset pool to be calculated in accordance with Annexure “A” with the amount of CGT to be factored into the asset pool, and if the amount realised is insufficient then the entirety of that amount; and
(c) Any remainder to the husband.
35. Any remaining sum required to ensure a 50% property division be paid to the wife by the husband forthwith upon the sale of the G Company shares, and in any event within seven (7) days of the completion of the sale of the G Company shares.
Capital Gains Tax
36. At least three (3) days prior to the settlement of the sale of the husband’s shareholdings with G Company, the parties shall engage C Accounting Firm to calculate the capital gains tax payable by the husband on the sale, and the amount so calculated will be held back from the sale proceeds in the Simonidis Steel Lawyers trust account for anticipated capital gains tax.
37. Upon the husband providing Simonidis Steel Lawyers with his notice of assessment and a letter from C Accounting Firm on letterhead setting out the capital gains tax component of the husband’s income tax liability, Simonidis Steel Lawyers is irrevocably authorised to pay to the Australian Taxation Office the amount calculated by C Accounting Firm.
38. In the event there are funds remaining in the Simonidis Steel Lawyers trust account after payment of the capital gains tax component of the husband’s income tax liability, the remaining funds will be forthwith disbursed equally between the parties.
39. For the purpose of assessing and holding funds, and paying the CGT arising from the sale of shares, the parties will share equally in the cost of C Accounting Firm.
Miscellaneous
40. The husband and wife will each be responsible for liabilities incurred in their name including all borrowings, personal loans and credit card facilities and tax debts and shall indemnify and keep indemnified the other against any liability that occur in respect thereof.
41. The husband and wife will each do all acts and things necessary, including signing all necessary documents, so as to give full force and effect to the provision of these Orders and in the event that either party refuses or neglects to comply with any provision of these orders within fourteen (14) days of a written request to do so by the other party, then a Registrar of the Federal Circuit and Family Court of Australia at Brisbane (Division 2) be hereby appointed, pursuant to section 106A of the Family Law Act 1975 (Cth), to execute all documents in the name of that party and do all acts and things necessary to give validity and operation to these Orders.
Child support
42. The mother’s application for a Departure Order pursuant to section 124(1) of the Child Support (Assessment) Act 1989 (Cth) be dismissed.
Outstanding Applications
43. All outstanding applications are otherwise dismissed, save and except for the Enforcement Application filed on 31 October 2024 which remains listed for an enforcement hearing on 15 April 2025 at 9:30am.
ASSET POOL – ANNEXURE ‘A’ TO FINAL ORDERS:
Ownership
Description
Value
ASSETS
1
Joint
E Street, Suburb F
Net proceeds of sale after compliance with orders of 5 August 2024
2
Husband
¼ Interest in D Partnership
$700,000.00
3
Husband
Motor Vehicle 1
$44,500.00
4
Husband
G Company share portfolio ending …
$378,319.42
5
Wife
H Company shares – … shares
$5,005.00
6
Wife
NAB account ending …64
$1,050.00
7
Wife
NAB account ending …85
$55,000.00
8
Husband
CBA account ending …24
$23,261.10
9
Husband
CBA account ending …93
$14,864.78
10
Husband
CBA account ending …65
$0.00
11
Husband
Funds held in the Trust Account of Waller Family Lawyers (anticipated legal fees & counsel’s fees)
$80,000.00
12
Wife
Funds held in the Trust Account of Simonidis Steel Lawyers (anticipates legal fees & counsel’s fees)
$14,017.14
Total Assets
$1,306,017.44 plus value of item (1) above
ADDBACKS
13
Husband
Insurance proceeds from accident in Motor Vehicle 2
Excluded
14
Husband
Funds withdrawn by Husband from X’s account ending …18
Excluded
15
Husband
Funds drawn against the home loan account ending …36 (conceded to be applied to legal fees)
$46,698.52
17
Wife
Funds spent on legal fees from savings
$154,203.84
18
Husband
Funds spent on legal fees
$13,317.28
19
Husband
Costs Order made against the Husband paid from sale of shares
$30,060.00
20
Husband
Shares sold from share portfolio ending …17 and applied towards expenses
$160,067.20
Total Addbacks
$404,346.84
LIABILITIES
21
Husband
CBA home loan for Suburb F property ending …36
Taken into account at item (1)
22
Husband
J Company loan for Motor Vehicle 1
$13,937.67
23
Husband
CBA credit card account ending …54
Exclude
24
Husband
Credit card (membership #...03)
Exclude
25
Wife
NAB credit account #...31
Exclude
26
Wife
NAB Visa account (card ending #...10)
Exclude
27
Husband
ATO Deferred Debt regarding ART for financial year ended 30 June 2024
Exclude
28
Husband
ATO Income Tax Debt
$82,797.69
29
Husband
Notional PAYG (2024 FY)
Exclude
Total Liabilities
$96,735.36
SUPER
Member
Name of Fund
Type of Interest
Value
30
Wife
Super Fund 1
Accumulation
$145,256.00
31
Husband
Super Fund 2
Defined Benefit
$439,469.21
32
Husband
Super Fund 2
Accumulation
$308,139.08
Total Super
$892,864.29
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.