Gerard & Gerard (No 2)

In *Gerard & Gerard (No 2)*, Cronin J considered an application by the wife against the husband concerning property settlement and child support. The proceedings involved an application for spousal maintenance, orders relating to the children's living arrangements and time spent with the husband, and a departure from the administrative assessment of child support. The court also dealt with the sale of a property located at N Street, Melbourne Suburb 1, and the division of the proceeds.

The primary legal issues before the court were whether to grant the wife leave to proceed on an undefended basis, the discharge of a flagging order, the dismissal or granting of the wife's application for spousal maintenance, the determination of the children's living arrangements and time with the husband, and whether to depart from the administrative assessment of child support. Additionally, the court was required to make orders regarding the sale of the N Street property, including its listing, sale price determination, and the application of the proceeds, as well as the division of other assets and superannuation.

Cronin J ordered that the wife have leave to proceed on an undefended basis and discharged the flagging order. The application for spousal maintenance was dismissed. The children were ordered to live with the wife, with arrangements for time spent with and communication with the husband to be agreed between the parties. The court ordered a departure from the administrative assessment of child support for a period of three years, fixing the sum of $30,000 to be paid by the husband from the proceeds of the sale of the N Street property. The husband was directed to take all necessary steps to sell the property, with the sale price to be agreed or determined by a valuer. The proceeds of the sale were to be applied first to sale costs, then to discharge encumbrances, with $600,000 to be paid to the wife and the balance to the husband. Further, the husband was ordered to pay an additional $10,000 to the wife from his share of the proceeds, representing costs. Each party was to retain their respective assets, with chattels in the property to be divided equally, excluding furniture in the children's rooms which was to remain with the wife. Both parties were to relinquish any interest in the other's superannuation.