Haberfield & Berne

This matter concerned an application by Ms Haberfield (the Mother) against Mr Berne (the Father) concerning parenting arrangements for their child, X, and the division of property. The proceedings were heard by Bender J in the Federal Circuit and Family Court of Australia. The Father had failed to participate in the proceedings and was understood to be outside of Victoria due to outstanding criminal matters involving violence against the Mother.

The court was required to determine the parenting arrangements for X, specifically where X would live and the extent of parental responsibility each party would have. Additionally, the court needed to make orders regarding the division of the parties' property, including their former matrimonial home and other assets.

Bender J applied the principles of the *Family Law Act 1975* (Cth) to make final orders. The court ordered that X live with the Mother and that the Mother have sole parental responsibility. X was to spend time with the Father at times agreed in writing by the Mother. In relation to property, the court ordered the Father to transfer his interest in the matrimonial home to the Mother at his expense and to discharge the existing mortgage, replacing it with a new mortgage in the Mother's name alone. The court also made orders for the parties to retain sole entitlement to property in their respective names, including bank accounts, motor vehicles, and superannuation, with each party to be solely liable for any liabilities encumbering their respective properties. The court severed any joint tenancies.

Given the Father's complete failure to participate in the proceedings and his absence from the jurisdiction, Bender J made final orders on a final basis. The court also made provision under s 106A of the *Family Law Act 1975* (Cth) authorising the Mother or her solicitor to execute documents on behalf of the Father to give effect to the property transfer in the event of his default.