IMBARDELLI & IMBARDELLI

This matter concerned consent orders made by McEvoy J in the Family Court of Australia, resolving both property and parenting arrangements between the parties. The dispute arose following the setting aside of previous consent orders under s 79A of the *Family Law Act 1975* (Cth). The court was asked to record new orders that were considered to be in the best interests of the children and just and equitable.

The legal issues before the court included the appropriate parenting arrangements for the three children, given a family report indicating significant alignment with the father and strong rejection of the mother, leading to a recommendation for no contact with the mother unless requested by the children. Additionally, the court had to determine a just and equitable property settlement, where the wife was to receive an amount at the lower end of the acceptable range, with her consent based on the father having primary financial responsibility for the children and her wish for them to benefit more from the remaining assets.

McEvoy J's reasoning was guided by the consent of both parties to orders reflecting the recommendations of the family report writer regarding parenting. The court applied principles of family law concerning the best interests of children and the just and equitable division of property. The property settlement involved a significant payment to the wife, with detailed provisions for its discharge, including the potential sale of real property and indemnities for various liabilities.

The court made detailed orders by consent, discharging previous parenting and property orders. The children were to live with the father, with equal shared parental responsibility. The father was to facilitate communication and time with the mother as agreed or requested by the children. The property settlement involved substantial payments to the wife, with specific mechanisms for default and sale of property, and comprehensive indemnities to protect the wife from future liabilities. The court noted the parties' intention for the orders to finally determine their financial relationship and for the wife to file for divorce within 30 days.