GARVEY & JESS

In the matter of *GARVEY & JESS*, Carew J of the Family Court of Australia considered applications concerning both children's matters and financial agreements. The children's proceedings involved an interim application regarding equal shared parental responsibility and the allocation of time between the father and the children pending a final hearing. The financial agreement proceedings concerned a further application to set aside or declare invalid a financial agreement, following a prior order that the agreement was not void for uncertainty.

The court was required to determine whether making an order for equal shared parental responsibility was in the best interests of the children. It also had to consider whether it was in the children's best interests to maintain the current time arrangements with the father pending the final hearing, or to increase his time. A further issue was the precise timing for the conclusion of school holiday time, specifically whether it should end on the Sunday before school recommences or upon the recommencement of the school term. In the financial agreement proceedings, the court had to consider whether the further application constituted an abuse of process, applying the principles of *Anshun* estoppel, and whether any special or exceptional circumstances warranted a departure from those principles.

Regarding the children's matters, Carew J made orders for equal shared parental responsibility and increased the father's time with the children. In the financial agreement proceedings, the court dismissed the further application, finding it to be an abuse of process and that no special or exceptional circumstances existed to justify entertaining the renewed challenge to the financial agreement.