HAGI & HAGI

The case of HAGI & HAGI concerned a dispute between a husband and wife regarding parenting arrangements for their child, B, and the division of their property. The matter came before Watts J in the Family Court of Australia.

The court was required to determine the specific terms for the child's Christmas school holiday arrangements, including the father's entitlement to take the child overseas. Additionally, the court had to address the division of the parties' property, considering the wife's initial financial contributions and contributions to the welfare of the family, and the husband's use of a capital withdrawal from their joint account.

Watts J made orders concerning the child's time with each parent during the Christmas school holidays, alternating the commencement and duration of the father's time and ensuring an equal number of days over two consecutive years. Crucially, the father was permitted to remove the child from Australia, but only upon providing a bank guarantee of $20,000 and a charge over his parents' property for $80,000 to secure the wife's costs in the event of non-return. The court also made property adjustment orders, requiring the wife to pay the husband $218,873 within 42 days, and to transfer the jointly owned Suburb E properties to herself, discharging existing mortgages. In the event of the wife's failure to make the payment, the property at 55 F Street, Suburb E, was to be sold, with proceeds distributed according to a specified formula. The orders also addressed the division of a motor vehicle and a credit card debt, and declared each party to be the sole owner of other specified assets, with mutual indemnities for liabilities.