Malthouse & Malthouse

The case of Malthouse & Malthouse involved an application concerning property and children. The parties had separated under the same roof in April 2006. A key aspect of the property dispute was the sale of the matrimonial home prior to the final hearing for property orders. The court was asked to determine the arrangements for the children and the distribution of proceeds from the sale of the former matrimonial home.

The legal issues before the court included the determination of parental responsibility and living arrangements for the children, specifically the youngest child, R. The court was also required to make orders regarding the sale of the matrimonial home and the distribution of the sale proceeds. This included considering the power of the Court to make interim property orders in appropriate circumstances, particularly given the sale of the property had occurred prior to the final hearing.

Watts J made orders concerning both the children and the property. For the children, the parties were granted equal shared parental responsibility. The youngest child, R, was ordered to live with the mother and spend substantial and significant time with the father, with detailed provisions outlining the specific times R was to spend with each parent during school terms, holidays, and on special occasions. Regarding the property, the parties were ordered to take all necessary steps to sell the former matrimonial home. Upon completion of the sale, after payment of sale costs and the mortgage, the remaining proceeds were to be distributed with 40% to the husband, 40% to the wife, and 20% to be held in a controlled money account. The court also appointed a specific real estate agent and solicitors to manage the sale and provided for the Registrar to execute documents if a party refused to do so.