Malik and Malik & Anor

Stevenson J considered applications concerning children, property settlement, and spouse maintenance between the parties. The primary dispute involved the living arrangements for the child, Y, born in October 2005, and the division of property. There was also an issue regarding overseas travel with the father and the valuation of the husband's company.

The court was required to determine the orders for Y's residence and time with each parent, including provisions for school holidays and special occasions. Additionally, the court had to address the beneficial interest and equitable charge claimed by the second respondent in a property, the distribution of various chattels between the parties, and the husband's obligation to pay a sum to the wife. Finally, the court considered the wife's claim for spouse maintenance.

In relation to the child Y, the court ordered equal shared parental responsibility and established a detailed schedule for Y to live with the mother and the father, including specific arrangements for alternate weekends, mid-week time, and school holidays. The court also imposed restraints on both parents regarding the removal of Y from Australia and the mother's relocation of Y's residence from Newcastle. For property, the court declared the second respondent held a beneficial interest and an equitable charge over the Suburb E property. The husband was ordered to pay a sum to the wife, and in return, the wife was to transfer her interest in the Town G property to the husband and vacate the Suburb E property. The court also specified the division of chattels between the parties, detailed in several annexures. Spouse maintenance was ordered at $200 per week for one year.