Dunn & Dunn

In the matter of *Dunn & Dunn*, Ms Dunn (the applicant) and Mr Dunn (the respondent) brought their dispute before Berman J. The proceedings concerned interim applications relating to parenting arrangements, spousal maintenance, property, and litigation funding. The core of the parenting dispute involved the applicant seeking to reduce the respondent's time with the children, citing their alleged trauma from previous retention by the respondent, while the respondent contended any distress stemmed from the applicant removing the children from the former matrimonial home. Allegations of family violence were also raised, and a family assessment was pending.

The court was required to determine several legal issues. These included whether to continue the current interim parenting arrangements, the appropriateness of granting mutual personal protection injunctions, whether to restrain the respondent from dealing with certain property interests, the quantum of interim spousal maintenance payable to the applicant, and whether to order litigation funding for the applicant.

Berman J applied the paramount consideration of the best interests of the children in relation to parenting. The court adopted a cautious approach, electing to continue the existing interim arrangements given the pending family assessment and the conflicting accounts of the children's well-being and the parties' conduct. Regarding the financial matters, the court granted extensive mutual personal protection injunctions to prevent further conflict between the parties, particularly at child handovers. The respondent was also restrained from dealing with specific property assets. The court increased interim spousal maintenance to $1,500 per week, finding that a reasonable compromise of the applicant's expenditure exceeded her current receipts, despite her unemployment due to COVID-19. The application for litigation funding was adjourned due to insufficient evidence regarding the anticipated legal fees and the absence of an agreed balance sheet.

The court made orders reflecting these determinations. The applicant's initial interim orders were dismissed. Mutual injunctions were granted, restricting communication between the parties, prohibiting denigration of the other parent in front of the children, and preventing harassment or attendance within 100 meters of each other's residences. The respondent was restrained from dealing with his interests in three specified properties. Interim spousal maintenance was set at $1,500 per week. The litigation funding application was adjourned, and parties were ordered to file and serve a document detailing their assets and liabilities within 21 days.