Lecardi and Lecardi

In *Lecardi and Lecardi*, heard by Cronin J, the dispute concerned interim orders relating to parental responsibility, living arrangements for a child, and the sale and distribution of proceeds from two real properties. The applicant sought sole parental responsibility for the child, that the child live with her, and that the child not spend time with the respondent husband unless agreed in writing. The proceedings also addressed the sale of a property in Town G and a property in Suburb C, including the application of sale proceeds and the applicant's sole use and occupation of these properties pending sale.

The court was required to determine the appropriate interim orders for the child's welfare, including parental responsibility and living arrangements, and to make orders for the sale of the parties' real estate. Specifically, the court needed to decide how the proceeds from the sale of the Town G property should be applied, including a lump sum payment for spousal maintenance and security for costs or interim property settlement for the applicant. The court also had to determine the application of proceeds from the sale of the Suburb C property, including provisions for capital gains tax, and the applicant's entitlement to sole use and occupation of both properties.

Cronin J applied principles relating to interim orders in family law proceedings, balancing the welfare of the child with the property interests of the parties. The court ordered that the applicant have sole parental responsibility for the child and that the child live with her, with no time to be spent with the respondent unless agreed. The court further ordered the immediate sale of the Town G property, with proceeds to be applied first to sale costs, then to discharge a mortgage, followed by a $50,000 payment to the applicant on account of spousal maintenance, and another $50,000 to the applicant's solicitors as security for costs or interim property settlement. The remaining proceeds were to be held on trust pending final orders. The Suburb C property was also to be sold, with proceeds to discharge a mortgage and the balance held on trust. The applicant was granted sole entitlement to appoint real estate agents and facilitate the sale of both properties, with provision for a Registrar to execute documents in default. The applicant was to manage capital gains tax implications for the Suburb C property sale, with specific provisions for deposit and retention of surplus funds or liability for shortfalls. The applicant was also granted sole use and occupation of both properties pending sale, with reimbursement for outgoings from sale proceeds. Finally, the respondent was ordered to pay the applicant's costs fixed at $4,250, to be paid from the sale proceeds.