Lao and Lao

The Family Court of Australia considered a dispute between Ms Lao (the applicant wife) and Mr Lao (the respondent husband) concerning parenting arrangements, child support, and the enforcement of previous property orders. The matter was transferred from the Federal Circuit Court to the Family Court. Both parties appeared unrepresented, despite having amassed considerable wealth and possessing tertiary education. The court noted the parties' animosity and lack of communication, which complicated proceedings.

The court was required to determine several legal issues. These included whether to vary existing parenting orders regarding the children's time with the husband, whether to depart from the administrative assessment of child support, and how to address the husband's obligations for private school fees. A significant issue was how to secure the husband's payment of these non-periodic child support obligations, particularly given concerns about the reliability of his reported income.

The court reasoned that there had been no change in circumstances to justify re-opening the philosophical issue of private schooling, as previously ordered by the Federal Circuit Court. Regarding child support, the court found the husband's evidence regarding his income to be unsatisfactory, noting issues with his tax returns, cash rental collections, and unclear trust distributions. Despite the husband's claims of impecuniosity, the court acknowledged his considerable real property interests. The court ordered a departure from the administrative assessment, fixing a weekly child support amount for a specified period. To secure the payment of private school fees, the court ordered the husband to execute a charge over his interest in a specific property.

The court made orders discharging certain previous orders and establishing new parenting arrangements for the children. It ordered the husband to pay child support at a fixed weekly rate for a defined period and to pay one half of the children's private school tuition fees and levies. To secure these non-periodic payments, the husband was ordered to execute a charge over his interest in a particular property. The court also ordered the husband to pay a sum to satisfy outstanding obligations under previous Federal Circuit Court orders. The applications filed by the wife and the response filed by the husband were otherwise dismissed.