Galvin and Galvin

This matter concerned parenting and property proceedings between Ms Galvin (the wife) and Mr Galvin (the husband) before the Family Court of Australia. The wife failed to attend the hearing, despite indications she might. The husband appeared in person, represented by counsel for the Independent Children’s Lawyer.

The court was required to determine appropriate parenting orders for the parties' child, C, and to make orders regarding the sale and distribution of proceeds from the former matrimonial home. A key issue was how to proceed with the parenting and property matters given the wife's absence and her failure to file required material. The court also considered the need to ensure the sale of the property could proceed efficiently, even in the event of the wife's non-cooperation.

Justice Cronin applied principles of the *Family Law Act 1975* (Cth), including section 106A, to facilitate the sale of the property. The court reasoned that given the wife's absence and lack of filed material, and the uncontroversial nature of the Independent Children’s Lawyer's proposals for parenting, it was appropriate to make interim parenting orders, with a limited window for the wife to provide an explanation for her non-attendance and any proposed alternative orders. For the property proceedings, the court ordered the sale of the former matrimonial home and directed that proceeds be applied to sale costs, mortgage discharge, outstanding tradespeople (including a repair for which the wife was previously responsible), with the net balance to be divided equally. To ensure the sale could proceed, the court empowered the Registrar to sign necessary documents under s 106A if the wife failed to comply with orders to facilitate the sale.

The court made orders for the husband to be substituted as the applicant and directed him to file and serve amended applications and affidavits by specific dates. The wife was ordered to file an amended response and any supporting affidavits by a later date. If the wife failed to comply, the property proceedings would proceed on an undefended basis on the adjourned hearing date of 18 October 2012. The court also directed that the Independent Children’s Lawyer serve the orders and reasons on the wife by both email and post.