Foh & Taishu

In the matter of MLC 3227 of 2021, Ms Foh (the Applicant Wife) and Mr Taishu (the Respondent Husband) presented a dispute before the Court concerning parenting and property matters. The Court was required to make orders regarding the primary care and responsibility for the parties' child, as well as the division and sale of their jointly owned properties.

The legal issues before the Court included determining the appropriate parenting arrangements for the child, specifically concerning parental responsibility, living arrangements, and the ability to obtain an Australian passport. Additionally, the Court was tasked with resolving the division of property, which involved authorising the sale of two properties located at B Street, Suburb C, and D Street, Suburb E, in Western Australia, and directing the application of the sale proceeds.

Justice O'Shannessy ordered that the Applicant Wife have sole parental responsibility for the child, with the child to live with her. The Respondent Husband was granted liberty to telephone the Applicant Wife to request time with the child, subject to agreement. Regarding property, the Court authorised the Applicant Wife to sign all necessary documents for the immediate sale of both the B Street, Suburb C Property and the D Street, Suburb E Property. The proceeds from these sales were to be applied first to sale costs and mortgage discharges, with any remaining balance from the B Street sale to be held on trust for the Applicant Wife. The D Street sale proceeds were to follow a similar order, with any shortfall in its mortgage payout to be met from the Applicant Wife's trust funds. Any remaining funds from both sales were to be paid to the Applicant Wife, who was also to have her outstanding legal fees paid from these funds. The Court further ordered that each party was solely entitled to property in their possession, joint bank accounts were to be divided equally, and each party would be solely liable for liabilities encumbering property they received. The Applicant Wife was granted liberty to apply regarding any difficulties with the property sales.