Melounis & Melounis - [2022] FedCFamC2F 650

Federal Circuit and Family Court of Australia
(DIVISION 2)
Melounis & Melounis [2022] FedCFamC2F 650

File number(s): SYC 7199 of 2019

Judgment of: JUDGE MORLEY

Date of judgment: 24 May 2022

Catchwords:
FAMILY LAW – parenting – final orders – parents seek equal shared parental responsibility – Mother seeks relocation from Sydney to the Region B – Father and Mother each seek children live with them and spend time with the other parent.

FAMILY LAW – property – final defended hearing – orders pursuant to section 79 of the Family Law Act 1975 (Cth) – where asset pool is contested – where Court deals with asserted “addbacks” and asserted liabilities to the pool – where Court finds it just and equitable to make an order pursuant to section 79

Legislation:
Evidence Act 1995 (Cth) – s118

Family Law Act 1975 (Cth) – ss4AB, 60B, 60CA, 60CC, 61DA, 64B, 65D, 65DAA, 65DAB, 67ZC, 68B, 68P, 75, 79, 79A, 90XZ, 114, 117

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)

Crimes (Sentencing Procedure) Act 1999 (NSW) – s10

Limitation Act 1969 (NSW) – s14

Cases cited:
A & A & The Child Representative (1998) 22 FamLR 756

AJO v GRO (2005) 191 FLR 317

Bevan & Bevan (2013) 279 FLR 1

Deiter & Deiter [2011] FamCAFC 82

Dickons & Dickons [2012] FamCAFC 154

Eaby & Speelman [2015] FamCAFC 104

Fields & Smith [2015] FamCAFC 5

Fontana & Fontana [2018] FamCAFC 63

G & C [2006] FamCA 994

Godfrey & Sanders (2007) FamCA 102

Grier & Malphas (2017) 55 Fam LR 107

Hickey & Hickey & Attorney-General for the Commonwealth of Australia (‘Hickey’) [2003] FamCA 395

In the Marriage of Biltoft C.J. & Biltoft V. (1995) FLC 92-614

Johnson & Page (2007) FLC 93-344

M & M (1988) FLC 91-973

Masoud & Masoud [2013] FamCA 763

Masoud & Masoud [2016] FamCAFC 24

Mazorski & Albright [2007] FamCA 520

McCall & Clark [2009] FamCAFC 92

Napier & Hepburn (2006) FLC 93-303

Shan & Prasad [2018] FamCAFC 12

Stanford & Stanford (2012) 247 CLR 108

Talbot & Talbot [2015] FamCAFC 132

Trevi & Trevi [2018] FamCAFC 173

Vadisanis & Vadisanis & Anor [2014] FamCAFC 97

Vass & Vass [2015] FamCAFC 51

Division: Division 2 Family Law

Number of paragraphs: 575

Date of last submission/s: 20 July 2021

Date of hearing: 14, 15, 16, 18 September 2020 and 6, 12 November 2020 and 2 July 2021

Place: Sydney

Counsel for the Applicant: Mr Maurice

Counsel for the Respondent: Mr Wong
ORDERS

SYC 7199 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR MELOUNIS

Applicant

AND:
MS MELOUNIS

Respondent

order made by:

JUDGE MORLEY

DATE OF ORDER:

23 May 2022

THE COURT ORDERS:
PARENTING
1.That the parents have equal shared parental responsibility for their children X born in 2013 and Y born in 2016.
2.That the Mother’s application to relocate the children’s place of residence to the Region B is refused.
3.That until the Mother establishes for herself a residence in the Sydney area in sufficient proximity to be able to convey the children to their school at C School at F Street, Suburb D, the children live with the Father and spend time with the Mother as agreed between the parties and in default of agreement as follows:
(a)During school term time, from end of school (or 3:00PM if not a school day) on Friday until start of school (or 9:00AM if not a school day) on Wednesday; and
(b)For one half of the school holidays, being the first half of school holidays that commence in even numbered years, and the second half of school holidays that commence in odd numbered years.

4.That as and from the Mother establishing for herself a residence in the Sydney area in sufficient proximity to be able to convey the children to their school at C School at F Street, Suburb D, the parents shall share the care of the children on an equal time basis as follows:
(a)At all times other than the school holidays at the end of Term 4, the children shall live with each of their parents on a week-about basis with changeover occurring at the end of school (or 3:00PM if not a school day) on Friday each week;
(b)During the school holidays at the end of Term 4, the children shall live with:
(i)The Mother for the first half of such school holidays that commence in an even numbered year, and for the second half of school holidays that commence in an odd numbered year; and
(ii)The Father for the first half of such school holidays that commence in an odd numbered year, and for the second half of school holidays that commence in an even numbered year.

5.For the purpose of order 3 and 4, the midpoint of the school holidays is the day which is the middle day between the last day the children are required to attend school and the first day the children are required to attend school and in the event the school holiday period has an odd number the midpoint shall be the earlier of the two middle days of the school holiday period.
6.The first such occasion of equal time in accordance with order 4 between the Mother and the children will commence on the Friday on which the children would next have come into the Mother’s care under order 3.
7.Notwithstanding any other order herein, the children shall spend time with their parents on each child’s birthday as follows:
(a)If the child’s birthday falls on a school day, the children shall spend time with the parent in whose care they did not wake up on that day from 3:00PM until 6:30PM;
(b)If the child’s birthday falls on a non-school day, the children shall spend time with the parent in whose care they did not wake up on that day from 9:00AM until 2:00PM.

8.Notwithstanding any other order, in the event that the children are not otherwise spending time with the Mother, the Father’s time shall be suspended and the Mother shall spend time with the children as follows:
(a)From 3.00PM on the Friday prior to Mother’s Day to 9.00AM on the Monday following Mother’s Day;
(b)From 3.30PM to 8.00PM on the Mother’s birthday.

9.Notwithstanding any other order and in the event that the children are not otherwise spending time with the Father, the Mother’s time shall be suspended, and the Father shall spend time with the children as follows:
(a)From 3.00PM on the Friday prior to Father’s Day until 9:00AM on the Monday following Father’s Day;
(b)From 3.30PM to 8.00PM on the Father’s birthday.

10.That the children shall spend time with each party during the Easter, where it does not fall in school holidays as follows:
(a)With the Father in each even numbered year from 5:00PM on the Thursday preceding Good Friday until 5:00PM Easter Saturday and in each odd numbered year from 5:00PM Easter Saturday until 5:00PM Easter Monday; and
(b)With the Mother in each odd numbered year from 5:00PM on the Thursday preceding Good Friday until 5:00PM Easter Saturday and in each even numbered year from 5:00PM Easter Saturday until 5:00PM Easter Monday.

11.That when Easter does fall during school holidays, the parent who does not have the children in their care when the Easter break falls shall spend time with the children from 12:00PM Easter Sunday to 5.00PM Easter Monday or such other time and date agreed between the parties.
12.The children shall spend time with each party during the Christmas period as follows:
(a)With the Mother in each even numbered year from 9:00AM on Christmas Eve until 2:00PM on Christmas Day and in each odd numbered year from 2:00PM on Christmas Day to 5:00PM Boxing Day; and
(b)With the Father in each odd numbered year from 9:00AM on Christmas Eve until 2:00PM on Christmas Day and in each even numbered year from 2:00PM on Christmas Day to 5:00PM on Boxing Day.

13.That all changeovers that do not take place at the children’s schools shall take place by the parent into whose care the children are moving collecting the children from the residence of the parent out of whose care the children are moving.
14.For the purpose of order 13, the parent into whose care the children are moving is to collect the children from the front gate or perimeter of the property (away from the front door into the property) and the parent out of whose care the children are moving is to facilitate the changeover by ensuring the children are brought to the front gate of the property.
15.During changeovers, the parents are restrained from discussing any matter other than information necessary for the immediate welfare of the children, and are to exchange a polite greeting should it be necessary for them to come face-to-face with each other.
16.That the children shall communicate with the parent the children are not spending time with by Skype or Facetime (or mobile telephone if Skype or Facetime are not available), as agreed and failing agreement, each Tuesday and Thursday between 6.00PM and 6.30PM with the parent the children are spending time with to facilitate the children receiving such call from the mobile number or Skype account as provided pursuant to these orders.
17.If either parent wishes to remove the children from the Commonwealth of Australia for a holiday, that parent shall only travel to a Hague Convention country, unless otherwise agreed in writing between the parents. The parent wishing to take the holiday must provide the other parent at least 60 days prior to the expected departure date with the following:
(a)Confirmation in writing that the length of the trip shall be no more than the time allocated to the travelling parent pursuant to these orders, and if the holiday affects the time of the non-travelling parent written consent is required.
(b)Confirmation that the holiday is during the children's school holidays and if it is not, written consent is required from the other parent;
(c)A copy of the travel insurance policy in respect of each child for the duration of the holiday from the date of departure to the date of return to Australia;
(d)The contact details of where the children will be staying overnight (including name of the accommodation, address and telephone contact details);
(e)Flight numbers, a copy of the itinerary and a copy of any return plane tickets and/or e- tickets; and
(f)Details of who will be accompanying the children on the trip.

18.That each parent shall keep the other informed of their current residential address and mobile telephone number and Skype account details and advise the other parent of any change thereto within 24 hours of such change.
19.That each party notify the other party in writing of any significant social, religious or sporting events relating to the children that is scheduled to occur whilst the children are in their respective care, not less than seven (7) days prior to that event taking place.
20.The parties shall communicate with each other by text message or email concerning parenting of the children, unless it is an emergency.
21.That each parent shall use their best endeavours to ensure that the children have clothing, shoes, toiletries, medication and toys etc from the other party's house returned to that party at the changeover of the children.
22.That each of the parties is restrained from discussing these proceedings in the presence of or within the hearing of either of the children.
23.That each of the parties is restrained from allowing the children or either of them to remain in the presence of or within the children’s (or either child’s) hearing of any other person discussing these proceedings.
24.That each of the parties is restrained from making comments derogatory of the other parent, any member of the other parent’s family, or any member of the other parent’s household, in the presence of or within the hearing of either of the children.
25.That each of the parties is restrained from allowing either of the children to remain in the presence of or within the child’s hearing of any other person making comments derogatory of the other parent, any member of the other parent’s family, or any member of the other parent’s household.
26.That each of the parties is restrained by injunction from passing information or messages for the other through the children or either of them.
27.That each parent shall be at liberty to attend school events, concerts, performances, ceremonies, assemblies, parent teacher nights, extracurricular activities and sports for the children to which both parents are invited to attend, even if the children are not in that party’s care at the time of the event. The parent who has the children in their care at the time of the event shall be at liberty to engage with the children and take the children home after the event, and the other parent shall be permitted to be in the audience/crowd and shall not approach the other parent unless it is necessary to do so.
28.That the parties shall use their best endeavours to encourage and facilitate the children's attendance and participation in sporting, extracurricular and social activities whilst the children are in that party's care.
29.That if either child is injured, requires medical treatment, or hospital admission, the party who has the care of that child shall notify the other party by telephone or text message as soon as possible.
30.That each of the parents shall follow the advice and direction of the children’s treating medical practitioners (and including not limited to the children's GP, dentists and any other specialists) in relation to the children's health treatments and any medication and shall ensure that any treatment and/or medication is provided to the children whilst the children are in that parent’s care and passed on the other parent at the next changeover with all information about administering the medication.
31.That each parent shall authorise the children’s medical practitioners that he or she has engaged to communicate with the other parent and a copy of these orders shall serve as authority to that effect.
32.That the children remain enrolled at and attend C School at Suburb D unless otherwise agreed between the parties in writing.

PROPERTY
33.The Wife’s application to tender the valuation report prepared by Company E on 10 May 2021 annexed to paragraph 19 of the Wife’s affidavit filed 14 May 2021 is refused and dismissed.
34.The Wife’s application for leave to tender an updating Balance Sheet being annexure K referred to at paragraph 34(b) of her affidavit is refused and dismissed.
35.Pursuant to section 79 of the Family Law Act 1975 (Cth), the Court orders that:
(a)That within fourteen (14) days of the date of these orders, each party shall do all things necessary to cause property at F Street, Suburb D NSW (“the F Street, Suburb D property”) to be sold by private treaty at the earliest possible date at a price to be agreed between the parties and, failing such agreement, at a price determined by the listing agent, and that the proceeds of sale shall be disbursed as follows and in the following priority:
(i)In payment of agents’ commission and advertising expenses and legal expenses of the sale;
(ii)In payment of costs incurred in relation to the nomination of a real estate agent (if any);
(iii)The sum of $95,000 to Mr G;
(iv)In repayment of all and any loan accounts secured by way of mortgage on the F Street, Suburb D property; and
(v)The balance then remaining to be divided so as to achieve an equal division between the parties of the non-superannuation asset pool on the basis that the Husband has $449,086.50 prior to such division, and the Wife has $285,128.50 prior to such division.

(b)Pending sale of the F Street, Suburb D property, the Husband shall be responsible for all mortgage payments, statutory rates and charges, other utilities, insurances, outgoings and expenses in relation to the F Street, Suburb D property and shall make all such payments as and when they fall due and hereby indemnifies the Wife in respect of all other liabilities incurred in that respect prior to the date of sale.
(c)That in the event there is not an exchanged sale on foot of the F Street, Suburb D property by private treaty pursuant to the above order within two (2) calendar months of the date of these orders, then the parties shall forthwith do all things necessary to cause the F Street, Suburb D property to be sold by public auction at the earliest possible date at a reserve price agreed upon between the parties and, failing agreement as determined by the auction listing agent and on completion of sale the proceeds of sale shall be disbursed as provided for in (a) above, save that the parties shall, prior to distribution of proceeds to them personally equally, pay and bear as and when they fall due all costs associated with the auction process equally.
(d)That for the purposes of orders (a) and (c) above:
(i)The Real Estate Agent to act in respect of the sale of the F Street, Suburb D property shall be as agreed between the parties and, failing agreement within seven (7) days of the date of these orders, then it shall be a Real Estate Agent as nominated by the President of the Real Estate Institute of New South Wales or his/her nominee;
(ii)The solicitor/Conveyancer to act in respect of the sale of the F Street, Suburb D property shall be as agreed between the parties and, failing agreement within seven (7) days of the date of these orders, then it shall be a solicitor/conveyancer appointed by the President of the Law Society of New South Wales or his/her nominee.

(e)Pending the sale of the F Street, Suburb D property the Husband shall have the right of sole occupation of the property and shall:
(i)Keep the F Street, Suburb D property in good order and repair; and
(ii)Co-operate in all reasonable way with requests by real estate agents and/or prospective purchasers including but not limited to:
1.Providing keys to obtain access;
2.Doing all things necessary to facilitate access to the F Street, Suburb D property at all reasonable times and facilitating access for inspection without interference;
3.Maintain the F Street, Suburb D property in a presentable condition so as to facilitate the sale including but not limited to presenting the property in a neat and tidy condition at all times when the F Street, Suburb D property is subject to inspection; and
4.Do all things necessary to facilitate a sale at the earliest possible time and shall refrain from doing or saying anything which has the effect of hindering or preventing an inspection or a sale of the F Street, Suburb D property being effected.

(f)That the parties do all things necessary and sign all documents required for the Bank H offset deposit account with account number ending #...18 in the joint names of the parties to be closed and the funds standing in that account are to be divided equally between the parties.
(g)That the Husband is solely entitled in law and in equity as between himself and the Wife to:
(i)His NAB Classic Account number ending #...01;
(ii)His Bank J account;
(iii)His Bank K account;
(iv)His Bank L account;
(v)His 9,226 Company M shares received as partial property distribution;
(vi)His 1,613 Company M shares that vested on 15 November 2020;
(vii)His electric bicycle;
(viii)The two bicycles;
(ix)The scooter;
(x)The sailing boat and trailer; and

(xi)The funds standing to the Husband's credit in the trust account of Fox & Staniland as at 14 September 2020.

(h)As between the Husband and the Wife, the Husband shall be solely responsible for payment of his Westpac Visa account.
(i)That the Wife is solely entitled in law and in equity as between herself and the Husband to:
(i)Her NAB Classic Account number ending #...22;
(ii)Her 9,227 Company M received as partial property distribution;
(iii)The Motor Vehicle 1;
(iv)Her engagement ring; and
(v)The funds standing to her credit in the trust account of Coleman & Greig Solicitors as at 14 September 2020.

(j)As between the Wife and the Husband, the Wife shall be solely responsible in equity and law for repayment of her HECS debt.
(k)That the furniture, furnishings and effects presently situated in the properly shall be divided by agreement between the parties and each party shall do all things necessary to facilitate that division within twenty-one (21) days of the date of these orders.
(l)That in the event the parties have not complied with Order 35(k) above within one calendar month from the date of these orders then:
(i)Within a further seven (7) days the Husband shall prepare 2 lists comprising furniture, furnishings and effects situated in the F Street, Suburb D property, each list to comprise in total approximately 50% of the value of those furniture, furnishings and effects and those lists shall be delivered to the Wife within that further seven (7) days.
(ii)The Wife shall then, within a further seven (7) days select one of those lists and inform the Husband of that decision.
(iii)Within a further seven (7) days each party shall then do all things necessary to facilitate the physical distribution and division of the furniture, furnishings and effects to be distributed between the parties as per the selection of the list pursuant to these orders

and each party shall thereafter be solely entitled to the items of furniture, furnishings and effects so received by them in accordance with the above order.
(m)That within fourteen (14) days of the date of these orders the parties shall do all acts and things necessary to sell the following via Gumtree or Facebook Marketplace (as agreed between the parties):
(i)Trailers x 2 (with an estimated value of $1,000 and $4,000); and
(ii)Electric wheelbarrow (with an estimated value of $2,500).

(n)That for the purpose of order 35(m) above, the parties shall agree on a sale price, and if any of the items listed so listed in order 35(m) above (or any of them) are not sold within forty-two (42) days of being placed on the market for sale then they will be marketed for sale for the minimum sale price indicated in order 35(m).
(o)That the proceeds of sale for the items referred to in order 35(m) above shall be disbursed to the parties equally.
(p)The Husband is the sole owner in law and in equity as between himself and the Wife of all real property, personal property, financial assets; and financial resources currently in his power, possession, or control, except as otherwise provided for by these orders.
(q)The Wife is the sole owner in law and in equity as between herself and the Husband of all real property, personal property, financial assets; and financial resources currently in her power, possession, or control, except as already provided for in these orders.

36.That this order shall not operate until procedural fairness in accordance with section 90XZD of the Family Law Act 1975 (Cth) has been accorded to the Trustee of the Fund:
(a)In accordance with section 90XT(1)(a) of the Family Law Act 1975 (Cth) (‘the Act’), whenever a splittable payment within the meaning of section 90XE of the Act becomes payable to or on behalf of Mr Melounis from his interest in Super Fund P (‘the Fund’), Ms Melounis is entitled to be paid (by the Trustee of the Fund) the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, using a base amount of $114,474 and there will be a corresponding reduction in the entitlement Mr Melounis would have had in the Fund but for these orders.
(b)The operative time for Order 36(a) is four business days after the service of the final orders on the Trustee.
(c)That order 36 binds the Trustee of the Fund.

37.That all outstanding Applications, except the Application - Contravention filed by the Father on 28 January 2022, are dismissed.

THE COURT NOTES THAT:
A.Procedural fairness pursuant to section 90XZD may have been afforded to the trustee of the fund but there is no evidence before the Court to establish compliance with that section.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Melounis & Melounis has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE MORLEY:
INTRODUCTION

These are parenting and property proceedings between Mr Melounis ('the Father') and Ms Melounis ('the Mother').
The parenting proceedings concern the parties' two children X born in 2013 and Y born in 2016.
The hearing was on 14 to 18 September, 6 and 12 November 2020 and 2 July 2021. The date of the last submissions was 20 July 2021.
At the commencement of the hearing in September 2020 X was 6 years old and Y was 3 years old.
At the hearing the Father was represented by Mr Maurice of counsel. The Mother was represented by Mr Wong of counsel.
To borrow the language of his Honour Aldridge J, this matter has been littered with indulgences. While contentious family law litigation can inspire or provoke argumentative and combative conduct, writing this judgment has uncovered conduct by both parties which falls far short of the goal espoused in rule 1.04(1) of the Rules, to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
This is particularly disappointing in circumstances where the welfare of two small children is squarely affected by this judgement and this litigation.
LITIGATION HISTORY
These proceedings were commenced by the Father filing his Initiating Application on 25 October 2019. He sought that his interim application be dealt with urgently.
The Mother filed her response material on 12 November 2019 and added property settlement issues to the proceedings.
The matter came before me on an urgent basis on 25 November 2019 ('the November mention').
The reasons why the Father's application came before this Court on an urgent basis are not apparent on a reading of the Court file, the Registrar's bench sheet having not remained on the Court file.
The Court can surmise that it likely had something to do with the Father asserting in his Initiating Application that the Mother had been charged with common assault against the paternal grandmother and an apprehended domestic violence order had been taken out against the Mother for the protection of the father and the children.
The Mother's criminal matter had been before the Local Court by the time the matter came before me, coming before a Magistrate of the Local Court at Suburb Q in 2019.
I will deal with the Mother's Local Court matter more fulsomely later in these Reasons, but for present purposes it is salient to note that by the November mention, the Mother plead guilty to a charge of damage to property (breaking the Father's mobile phone screen) and the magistrate imposed an ADVO protecting the Father only - and not the children - for a period of six months.
The November mention
The matter first came before me in my duty list on 25 November 2019. On that occasion the Father was represented by Mr Ulbrick and the Mother was represented by Mr Smith.
I note here that in addition to each party filing an affidavit sworn or affirmed by them with their initiating/response material, both parties filed additional affidavits in the lead up to the first Court date before me.
The Mother filed another affidavit by herself and she filed an affidavit by Dr R, a clinical psychologist who provided a report as an annexure to his affidavit.
The Father filed a further affidavit by him, an affidavit by his brother Mr S, and an affidavit by his Mother and the paternal grandmother Ms T.
I conducted a lengthy interim hearing that concluded at 7:15PM in relation to the Father's interim application in relation to parenting.
I reserved judgment and, regrettably, months passed without me delivering interim judgement in the matter.
On 10 March, my Chambers listed the matter for further mention by telephone on 9 April 2020.
On 27 March 2020 the father filed another interim application by way of an application in a case ('the March application'). In that application, he sought:
(a)That the application be dealt with urgently;
(b)A recovery order recovering the children from the Mother;
(c)That the children live with the Father;
(d)That the children spend time with the Mother, broadly speaking, for four days per fortnight;
(e)That the Mother receive a referral from her General practitioner to a psychiatrist;
(f)That the Mother undertake a parenting course;
(g)That a Family Report be prepared pursuant to section 62G; and
(h)Standard non-denigration orders.
On 31 March 2020, I listed the March application for mention on 3 April 2020 ('the April mention') by telephone.
The Mother filed a response and affidavit on 2 April 2020. She simply sought that the March application be dismissed.
The April mention
On 3 April 2020 when the matter came before me, the Father was represented by Ms Kennedy of Counsel and the Mother was represented by Mr Gittoes-Caesar.
The parties spent much of the day discussing and negotiating the matter. Later in the day, the parties came before me indicating that there was consent to a substantial portion of a minute of order, with one discrete issue for which there was not consent and for which the parties requested judicial determination. That issue related to the live-with/spend-time-with provisions for the children on an interim-interim basis until a further interim hearing (contemplated in their minute) could take place following release of an expert's report.
In broad terms, the Father sought that the children live with him and spend time with their Mother for five nights a fortnight, and the Mother sought that the children live with each parent on a seven-seven night basis.
Notably, both parties confirmed that they did not require reasons from me in relation to my decision.
I heard submissions from Ms Kennedy and Mr Gittoes-Caesar and then adjourned the Court to consider the submissions.
I then made a suite of orders (by consent and on a contested basis as appropriate) an extract of which I reproduce here:
THE COURT ORDERS THAT
PENDING FURTHER ORDER, AND BY CONSENT IT IS ORDERED:
1.That except as otherwise stated, the Father and the Mother are to have equal shared parental responsibility for the major long term issues of the children, [X] (D.O.B. [in] 2013) and Y (D.O.B. 2016).
2.That day to day decisions regarding the care of the children are left to the parent with whom the children are either living with and or spending time with.
3.That the Mother deliver the children to the carpark of [Suburb D] KFC, located at [U Street, Suburb D] NSW at 4.00pm Sunday 5 April 2020 and this is to be the changeover location unless for that occasion otherwise agreed between the parties in writing.
PENDING FURTHER ORDER, THE COURT ORDERS THAT:
4.That the children live with the Father in the [F Street, Suburb D] property at all times that they are not otherwise spending time with their Mother.
5.That the children spend time with the Mother for a period of 5 nights in each fortnight period, commencing from 4.00pm Monday, 13 April 2020 and continuing each alternate Monday thereafter.
PENDING FURTHER ORDER, AND BY CONSENT IT IS ORDERED:
6.In the event of a Coronavirus diagnosis of any person living in the property where the Respondent Mother resides and / or further Government restrictions coming into place in relation to movement between private residences which are not considered “essential travel” and in the State of New South Wales, the following shall occur:
a.That the children live with the Father in the [F Street, Suburb D] property; and
b.That the children spend time with the Mother as per Order 5 above, however, to occur at Air BnB or similar accommodation in Sydney (near [Suburb D]) secured by the Mother which is agreed to be paid for out of funds from the [Bank H] Offset Account
7.That, in the event that any such Coronavirus diagnosis or Government travel restriction occurs and the Mother’s time is varied pursuant to Order 6 above, upon that infected family member being virus free for a period of 14 days or upon the Government restrictions being lifted (whichever is applicable), the Mother’s time pursuant to Order 5 is to recommence on the first Monday thereafter.
8.That, in the event the Father is diagnosed with Coronavirus, the children shall live with the Mother until such time as the Father is confirmed to be virus free, with the Father to inform the Mother of any such diagnosis and the Mother to collect the children from the Father thereafter as agreed.
9.That, in the event the Mother is diagnosed with Coronavirus, the children shall live with the Father until such time as the Mother is confirmed to be virus free, with the Mother to inform the Father of any such diagnosis and the Father to collect the children from the Mother thereafter as agreed.
10.That for the purpose of changeover this should occur (unless otherwise agreed):
a.At the carpark of [Suburb D] KFC, located at [U Street, Suburb D] NSW at the commencement of the Mother’s time with the children; and
b.At the carpark of [Supermarket V, Suburb W], located at [Z Street, Suburb W], NSW, at the commencement of the Father’s time with the children.
11.The Mother shall be at liberty to communicate with the children by telephone / Facetime every second day of each week that they are not otherwise in her care between 5.00pm to 6.00pm or as otherwise agreed.
12.For the purposes of Order 11 above, the Mother is to initiate the call to the Father’s mobile number and the Father to ensure the children are available to receive that telephone / Facetime call and that the children have privacy during that conversation
13.The Father shall be at liberty to communicate with the children by telephone / Facetime every second day of each week that they are not otherwise in his care between 5.00pm to 6.00pm or as otherwise agreed.
14.For the purposes of Order 13 above, the Father is to initiate the call to the Mother’s mobile number and the Mother to ensure the children are available to receive that telephone / Facetime call and that the children have privacy during that conversation.
15.That within 7 days of the date of these Orders the Mother shall make all necessary enquiries and arrange for intake to be scheduled no later than 1 month (if possible noting the current climate) for her to undertake a Triple P Parenting Course (level 4 group Triple P or similar equivalent), and the Mother shall provide to the Father’s lawyer a Certificate of Completion.
16.That pursuant to Part 15 of the Family Law Act the parties appoint a single-expert in the employ of [Y Counsellors] or as otherwise agreed to consider the matters relevant to the best interests of the children as set out in Section 60CC of the Act and produce a Family Report (“the Family Report”).
17.That for the purposes of the Family Report:
a.The parties and children must attend for appointments as directed by the single-expert;
b.The parties shall send to the single-expert an agreed joint letter of instructions and brief and material filed in the Court and any material produced pursuant to Subpoena within 14 days;
c.That the single expert be granted leave of the Court to inspect all document produced under Subpoena; and
d.The parties shall meet cost of the Family Report from funds currently held in the [Bank H] offset.
18.The further Court mention dates of 9 April 2020 and 18 May 2020 be vacated.
THE COURT NOTES THAT:
19.It is agreed between the parties that the travel for the purposes of the above Orders is considered “essential travel” with reference to the NSW Government’s current Covid-19 restrictions and the Media Statement from His Honour the Chief Judge Will Alstergren dated 26 March 2020.
20.It is agreed between the parties that the decision of the children returning to school and/or their extracurricular activities is a decision to be made jointly between the parties pursuant to Order 1.
I then made procedural orders listing the matter for further interim hearing and, extraordinarily, allocated the matter two different interim hearing slots to accommodate an interim hearing following the release of the expert's report. This is not an ordinary listing practice of the Court and I had not done so before this matter, or since.
The matter then came before me again for interim hearing on 17 July 2020.
The period between the April mention and the July interim hearing
The evening of the April mention, my Chambers wrote to the parties with the following:
In circumstances where parenting orders were made today on a fresh Application and in light of recent events and circumstances, Chambers would be assisted by the parties advising whether they still require judgment and Reasons to be delivered in relation to the interim hearing that occurred on 25 November 2019.
The Father's then-solicitor replied the following week indicating:
It is our view that the agreed Orders and decision made on Friday, 3 April 2020 concerning our client's Application in a Case filed 27 March 2020 and the pending Family Report to be undertaken, makes the decision on exclusive occupation nugatory. If his Honour were to deliver judgement now in relation to the interim hearing that occurred on 25 November 2019, it would result in confusion and destabilising this family.
My Chambers then replied:
Chambers notes the reply from the Applicant's solicitors. Could the Respondent's solicitors please indicate if they hold instructions on this matter.
I note that Chambers does not seek a consent position of the parties in this particular matter and is merely seeking the parties' views.
The Mother's solicitor replied the next day:
I am instructed to request that the orders and reasons for Judgment of the interim hearing conducted on the urgent applications of both the Applicant and Respondent in November 2019 be delivered.
I did not consider the matter further prior to the July interim hearing.
The July interim hearing
On this occasion each party was represented by Counsel, with Mr Maurice appearing for the Father and Mr Wong appearing for the Mother.
There was some preliminary discussion on this occasion between Mr Wong and the Court in relation to the status of the judgment I had reserved in November 2019.

Mr Wong raised his instructions that the parties were waiting for a reserved judgment from the November mention.
I confirmed for the parties that the Court was of the view that the matter had been concluded and that no outstanding interim judgment remained. In particular I noted to Mr Wong that the contested orders made at the April mention squarely covered the substance of the contested application before the court in November 2019.
Mr Wong identified the issue of occupation of the former matrimonial home as being a matter not dealt with at the April mention and thus remaining from the November 2019 mention. I did not then and I do not now accept this submission.
It was certainly open to the Mother to take issue with that position, to seek to make submissions about why the Court should take a different view about the matter, or some other course of conduct to agitate this interim position. However the Mother did not seek to do so and certainly did not indicate any acceptance that the matter had progressed in the meantime at that time.
As would transpire (and, sensibly, in the Court's view) once the matter was offered final and expedited hearing dates, the matter was not further agitated by the Mother until a further mention down the line.
In any event, the positions the parties took in relation to issues to be agitated before the Court at the July interim hearing did not matter a great deal in the end.
Mr Wong raised a possible application (so did not initially make the application) for the matter to receive expedited trial dates. Mr Maurice did not oppose this hypothetical application, and I indicated to counsel that the matter had been on my mind. As I noted to counsel at the commencement of the interim hearing, the volume of material the Court was directed to read for this interim hearing was excessive, and I was of the view then, which I stand by at this time, that bringing the matter on for final hearing and 'getting it over with' might be the most productive and efficient use of the Court’s resources and the parties’ emotional and litigious resources.
It should be noted that in the consent orders formulated and formalised by the Court on 17 July 2020, the parties deferred judgement on an issue in relation to legal privilege for my consideration in Chambers. I did not have a chance between the July interim hearing and the final hearing in September to consider that matter give reasons and make orders.
On 17 July 2020, the matter was expedited and set down for final hearing for three days on 14 to 16 September 2020, three days being in accordance with the estimate of hearing time provided to the Court by counsel for each of the parties.
The September final defended hearing
The start of the hearing commenced by Microsoft Teams. Mr Maurice appeared for the Father. Mr Wong appeared for the Mother.
There were preliminary matters raised by counsel at the outset:
(a)A privilege issue related to the matter I had not yet determined from the July interim hearing, and related to several subpoenas issued to solicitors purportedly who had being engaged by the Father in these family law proceedings;
(b)Objections by the Father to several subpoenas issued by the Mother;
(c)An objection by the Father to any application for leave to rely upon two witness affidavits filed late;
(d)Several matters of disagreement on the Balance Sheet; and
(e)The exchange of lengthy tender bundles that had only just recently occurred, and Mr Wong raising his (proper) wish to peruse that material and Mr Maurice raising the need for perusal by clients to be equitably afforded.
In the interests of expediency, I do not intend to set out in full every interlocutory matter that arose in the course of this defended hearing in detail. I will do so where it is necessary. Nonetheless, I say that I have had recourse to the fulsome history of this litigation including at the final hearing, and that has included having recourse to the audio record of the hearing and my notes taken during the hearing.
I consider that the main thrust of these proceedings comprises the following areas:
(a)The main substantive final defended proceedings - final parenting and property orders. Unless specified otherwise, I am referring to this matter when referring to "proceedings".
(b)Interlocutory matters that arose prior to and during the final defended hearing that the parties pressed. These include an issue of legal privilege.
(c)Interlocutory matters for the interim period over the summer holidays
(d)Formal interlocutory applications raised by way of Application in a Case/Application in a Proceeding after the close of evidence on 12 November 2020
DOCUMENTS RELIED UPON
As listed in his Case Outline and in his final written submissions, at the final hearing the Father relied upon the following documents:
(a)A comprehensive case outline prepared by his counsel;
(b)His Initiating Application filed 25 October 2019. I note however that the orders sought by him were not those reflected in that document but were contained in his counsel’s case outline;
(c)His affidavit filed 28 August 2020. That affidavit is 68 pages of text. It was not filed with any annexures or exhibits though it refers to documents "included in my tender bundle". The Tender Bundle referred to in his primary affidavit is unpaginated. Visually, it is a hefty document about 3 centimetres thick;
(d)His Financial Statements filed 28 Aug 2020;
(e)The affidavit of Ms T filed 28 August 2020;
(f)The affidavit of Mr G filed 28 August 2020
(g)The affidavit Mr AB find 28 August 2020; and
(h)The affidavit of Mr S filed 22 November 2019 (the Father specifically sought leave of the Court to rely on this affidavit and I granted that leave on 16 September 2020).
The following documents were tendered into evidence by the Father and marked as exhibits:
(a)A1 – being a document entitled "Corrections to Father's material subject to leave". This is a one page document containing some corrections to his Financial Statement and his affidavit;
(b)A2 – being an email from the Father to Ms AC sent on 21 September 2018 at 10:38AM with subject line "RE: confirmation of meeting and deployment support". The Court record shows that this email alone, without any previous or subsequent correspondence, was tendered into evidence;
(c)A3 – being four photographs of the child X's scalp, formerly marked for identification as MFI3;
(d)A4 – being a photograph of the Mother and the child X taken on 3 September 2019;
(e)A5 – being three colour photographs replacing the documents referred to at M 15. I know it's that at paragraph 138 of the Father's affidavit, he describes these photographs as "… 2 photographs of Ms Melounis breaking into the safe". The third photograph does not contain the Mother and appears to be a photograph of the safe in question with the digital panel removed;
(f)A6 – being six photographs contained across three pages. In each photograph, there is an image of the Mother holding up a phone in front of her face from the course of the proceedings, I understand the tenor of the evidence is that these are photographs of the mother filming or photographing someone;
(g)A7 – being a letter from the Father’s solicitors to the Mother’s solicitors dated "2 October 20020" enclosing screenshots from a video;
(h)A8 – being a letter from the Mother’s solicitor to the Father's solicitor dated 29 October 2020;
(i)A9 – being a 122 page bundle of documents described as "documents to be tended for the Applicant Father";
(j)A10 – being a minute of order sought by the Father in relation to the December 2020/January 2021 holiday period; and
(k)A11 – being a document that the Court entitled "Father - Personalty". I understand this to be a list of chattels sought to be retained after the conclusion of these proceedings by the Father.
I also had recourse, as one would expect, to the written submissions in chief filed by the Father and the written submissions in reply filed by the Father.
On final hearing the Mother relied upon the following documents:
(a)A case outline document prepared by her counsel;
(b)An Amended Response to Final Orders filed on 25 May 2020. However the Mother sought the orders contained in her case outline document on final hearing;
(c)Her affidavit filed on 31 August 2020, sworn or affirmed on 28 August 2020. The text of the affidavit is 117 pages, with 384 pages of exhibits representing an overall 501 page document; and
(d)The affidavit of the maternal grandmother Ms AD filed 31 August 2020, again sworn on 28 August 2020;
(e)The affidavits of the Mother’s brother Mr AE filed 31 August 2020, again sworn on 28 August 2020.
The Mother sought to rely upon two affidavits filed on the Friday before the hearing commenced on a Monday. Objection was taken by the Father to the Mother's reliance on those affidavits. No ruling was sought immediately from the court and the matter was left to be revisited if the evidence in the said affidavits was pressed on behalf of the mother. The matter is dealt with later in these reasons.
I have also had recourse to the Mother's written submissions in chief and the Mother’s written submissions in reply
The Mother relied upon the following documents tendered into evidence and marked as exhibits:
(a)R1 – being a 6 page bundle of photographs, loosely described as:
(i)A photograph of a screen depicting a photograph of a car dashboard;
(ii)A photograph of the front of the Mother's driver’s licence and NAB visa card ending #...06;
(iii)A photograph of a screen containing a collection of images grouped by date. The first date is 8 January 2020 described as “Suburb W” and it contains a screenshot, and two diagrams that are not decipherable. Grouped under 7 January 2020 described as "AF Park" are four photographs taken at a public park;
(iv)A photograph of a screen containing images grouped by date. Grouped under 22 December 2019 and described as “Suburb W” is a photo, purportedly, of the child X's scalp;
(v)A photograph taken of a screen of an image of a document purportedly addressed to "the Presiding Magistrate" with handwritten edits and amendments; and
(vi)A photograph of a screen containing four “Region AG Police Area Command Suburb Q Police Station" cards. Each card has an officer's name, though the writing is blurry and indecipherable;
(b)R2 – being give pages off screenshots purportedly from the Mother to a contact described as "Mr Melounis new". I understand that these are text messages between the Mother and the Father. The screenshots appear to span 30 March 2019 at 9:46 AM Without including time or date, though suggested on the evidence to be a continuous exchange;
(c)R3 – being an unindexed and unpaginated document described as a Tender Bundle tendered into evidence on 12 November 2020;
(d)R4 - being the minute of order sought by the Mother for the December 2020/ January 2021 holiday period; and
(e)R5 – being a minute of order sought by the Mother in relation to accessing the former matrimonial home in order to recover personal possessions.
I have not had recourse to a binder of documents entitled "Wife's Tender Bundle" except where documents from that bundle have been tendered into evidence.
Marked as joint exhibits and tendered into evidence were the following items:
(a)Court 1 – being a Joint Balance Sheet dated 12 November 2020. Not every line item in the Balance Sheet is agreed upon; and
(b)Court 2 – being the single expert witness's report prepared by Ms AH.
The following documents were marked for identification but were not ultimately tendered into evidence. Accordingly, I have not given these documents any consideration in formulating these reasons for judgment:
(a)For the Respondent, MFI1 – 13 pages of screenshots of text messages between the Mother and the Father commencing with a photograph texted to the Father at 11:41AM on 25 March 2019;
(b)For the Respondent, MFI2 – 14 pages of screenshots of text messages between the Mother and the Father commencing with a text message sent at 8:40AM on 31 March 2019.
(c)For the Respondent, MFI3 – two pages of screenshots of text messages between the Mother and the Father commencing with a text message since at 6:14AM on 5 June 2019.
(d)For the Applicant, MFI5 – three photographs across three pages of the Mother holding her phone up to her face with the suggestion that she is filming whomever is photographing her.
ORDERS SOUGHT ON FINAL DEFENDED HEARING
The Father sought the following orders on final hearing:
PARENTING
1.That the parties have equal shared parental responsibility for the children [X] born [in] 2013 and Y born [in] 2016 ("the children").
2.That the children live with the Father.
3.That the children spend time with the Mother during term time as follows:
a.For the remainder of 2020 (noting [Y] is at preschool Thursdays and Fridays):
i.Each Wednesday:
1.For [Y]: from 7.30am until before preschool Thursday
2.For [X]: from 7.30am before school Wednesday to before Thursday.
ii.Each alternate weekend from after school/3.15pm Friday to before school to 8.45am on Monday.
b.During 2021 (noting [Y] is at preschool Monday, Tuesday and Wednesdays):
i.Each Wednesday:
1.For [Y]: from after Preschool Wednesday to 6.30pm Thursday; and
2.For [X]: from before school Wednesday to 6.30pm.
ii.Each alternate weekend from after school Friday to before school Monday.
c.From 2022, when both children are at primary school:
i.Each Wednesday from after school until before school Thursday; and
ii.Each alternate weekend from after school Friday to before school Monday.
4.That during all school holidays, the children shall spend half of each school holiday period with the parties as follows:
a.   With the Father for the first half of all school holidays commencing on the last day of school term until 4.00pm on the middle day of the school holidays; and
b.   With the Mother for the second half of the school holidays from 4.00pm on the middle day until the first day of the new school term.
5.That for the purposes of these Orders, the midpoint of the school holidays is the day which is the middle day between the last day the children are required to attend school and the first day the children are required to attend school and in the event the school holiday period has an odd number the midpoint shall be the earlier of the two middle days of the school holiday period.
6.The children shall spend time with each party during the Christmas period as follows:
a.   With the Mother in each even numbered year from 9am on Christmas Eve until 2pm on Christmas Day and in each odd numbered year from 2pm on Christmas Day to 5pm Boxing Day; and
b.   With the Father in each odd numbered year from 9am on Christmas Eve until 2pm on Christmas Day and in each even numbered year from 2pm on Christmas Day to 5pm Boxing Day.
7.The children shall spend time with each party during the Easter, where it does not fall in school holidays as follows:
a.   With the Father in each even numbered year from 5pm on the Thursday preceding Good Friday until 5pm Easter Saturday and in each odd numbered year from 5pm Easter Saturday until 5pm Easter Monday; and
b.   With the Mother in each odd numbered year from 5pm on the Thursday preceding Good Friday until 5pm Easter Saturday and in each even numbered year from 5pm Easter Saturday until 5pm Easter Monday.
8.The children spend time with each parent during Easter, when it does fall during the school holidays, the care arrangements for the school holidays as set out in Order 4 will apply with the parent who does not have the children in their care when the Easter break falls to have from 12 noon Easter Sunday to 5.00pm Easter Monday or such other time and date agreed between the parties .
9.That the children shall spend the following additional times with the Father, if they are in the care of the Mother at that time:
a.   On each child's birthday from 3pm until 6.30pm if on a school day and from 9am to 2pm if on a non-school day.
b.   On Father's Day from 9am Father's Day until commencement of school Monday.
c.   Or as otherwise agreed between the parties.
10.That the children shall spend the following additional times with the Mother, if they are in the care of the Father at that time:
a.   On each child's birthday from 3pm until 6.30pm if on a school day and from 9am to 2pm if on a non-school day.
b.   On Mother's Day from 9am until commencement of school Monday.
c.   Or as otherwise agreed between the parties.
11.For the purposes of changeover, that do not occur at school, the parties will bring the children to the carpark KFC [Suburb D] ([U Street, Suburb D] NSW).
12.That both parties be at liberty to communicate with the children by telephone at all reasonable times, and the parent with whom the children are living is to facilitate this.
13.If either parent wishes to remove the children from the Commonwealth of Australia for a holiday, that parent shall only travel to a Hague Convention country, unless otherwise agreed in writing by the other parent. The parent wishing to take the holiday must provide the other parent at least 60 days prior to the expected departure date with the following:
a.   Confirmation in writing that the length of the trip shall be no more than the time allocated to the travelling parent pursuant to these Orders, and if the holiday affects the time of the non-travelling parent written consent is required.
b.   Confirmation that the holiday is during the children's school holidays and if it is not, written consent is required from the other parent;
c.   A copy of the travel insurance policy in respect of each child for the duration of the holiday from the date of departure to the date of return to Australia;
d.   The contact details of where the children will be staying overnight (including name of the accommodation, address and telephone contact details);
e.   Flight numbers, a copy of the itinerary and a copy of any return plane tickets and/or e- tickets; and
f.    Details of who will be accompanying the children on the trip.
14.That the Mother shall hold [X]'s passport in her possession, and the Father shall hold [Y]'s passport in his possession. Within 14 days of receipt of the information and documents required in Order 13 herein, and no later than 7 days prior to travel, the non- travelling parent shall provide the travelling parent with the passport they hold. The travelling parent shall return that passport to the non-travelling parent within 48 hours of their return with the children to the Commonwealth of Australia.
15.If either party seeks to apply for a passport for [Y] that parent shall complete the forms and give to the other parent to sign and return to the first parent. That if either of the children's passports are required to be renewed in the future (noting that [X]'s has already expired), both parties shall do all necessary acts and things and sign all necessary consents to enable the passport to be renewed at the request of either parent, with the parties to bear equally the costs of the passports.
16.That each parent shall keep the other informed of their current residential address and mobile telephone number and advise the other parent of any change thereto within 24 hours of such change.
17.If either child is injured, requires medical treatment or hospital admission the party who has the care of that child shall notify the other party by telephone or text message as soon as possible.
18.That neither parent shall discuss these proceedings with the children or within the hearing of the children.
19.That the parties have the liberty to FaceTime or telephone the children when they are not in their care, between 5.00pm and 6.00pm as arranged with the other parent during school terms and during school holidays each Wednesday and Sunday.
20.That [X] continue to attend [C School] and both parties shall do all necessary acts and things to ensure his attendance and enrolment at that school.
21.That [Y] be enrolled to commence primary school at [C School] from 2022, and both parties shall do all necessary acts and things to ensure her attendance and enrolment at that school.
22.That if the Mother's application to relocate with the children to [City AJ] and all other orders she seeks be dismissed.
23.If the Mother is unable or unwilling to implement the term time care arrangements set out in Order 3, with her residing in reasonable proximately to the children's school in Sydney, the children shall instead spend time with the Mother each alternate weekend from after school Friday (with the Mother to collect the children from school) to 3.00pm Sunday with the Father to collect the children from [Supermarket V] carpark in [Suburb W].
24.That the Mother's time with the children during the school term will be suspended during school holidays periods.
25.That each parent shall follow the advice and direction of the children's treating medical practitioners (and including not limited to the children's GP, dentists and any other specialists) in relation to the children's health treatment and any medication and shall ensure that any treatment and/or medication is provided to the children whilst the children are in that parents care and passed on the other parent at the next changeover with all information about administering the medication.
26.The parties shall communicate with each other by text message or email concerning parenting the children only, unless it is an emergency.
27.The Mother shall authorise the children medical practitioners that she has engaged to communicate with the Father and a copy of these orders shall serve as authority to that effect.
28.Each parent shall be at liberty to attend school events, concerts, performances, ceremonies, assemblies, parent teacher nights, extracurricular activities and sports for the children to which both parents are invited to attend, even if the children are not in that parties care at the time of the event. The parent who has the children in their care at the time of the event shall be at liberty to engage with the children and take the children home after the event, and the other parent shall be permitted to be in the audience/crowd and shall not approach the other parent unless it is necessary to do so.
29.That the parties use their best endeavours to encourage and facilitate the children's attendance and participation in sporting, extracurricular and social activities whilst the children are in that party's care.
30.That the parties be restrained by injunction from passing information or messages for the other through the children, and neither shall denigrate the other parent or their family in the presence of or within hearing distance of the children nor permit any other person(s) to do so.
31.That each parent shall use their best endeavours to ensure that the children have clothing, shoes, toiletries, medication and toys etc from the other party's house are returned to that party at the changeover/sent with the children.
32.The parties shall within 14 days from the date of these Orders:
a.   engage with [AK Families] (or another suitable organisation as they may agree) individually and each party shall give permission for their respective counsellors to share information and to develop where appropriate an agreed approach to helping the parties develop skills in conflict resolution. flexible thinking and collaborative parenting.
b.   Provide a copy of the report of [Ms AH] dated 28 June 2020 to their respective counsellor on a confidential basis and for this purpose the court grants leave for them to do so.
c.   Consult their counsellor and each other about external professional support for the children, and the parties shall jointly engage with such support services for the children at such time and frequency as agreed between them with the cost to be met equally between the parties.
PROPERTY
33.Within 90 days ("the Due Date"), the following occur simultaneously:
a.   The Husband shall pay the Wife such sum which results in the Wife receiving 35% of the net assets of the parties including superannuation; that some been calculated by reference to the court's findings as to the values of the assets and liabilities of the parties ("the adjusting sum");
b.   The Wife shall transfer her interest in the property situated at and known as [F Street, Suburb D] NSW Folio Identifier …74 ("the [F Street, Suburb D] property") to the Husband;
c.   The Husband shall discharge the mortgage secured on title to the [F Street, Suburb D] property such that the Wife has no further interest in the said debt.
d.   The Wife shall arrange for the removal of the caveat on title at her cost (if any);
e.   The parties shall close their joint [Bank H] offset accounts with the balance of the accounts to be paid to the Husband as part of the refinance of the mortgage pursuant to Order 33c.
34.Pending the Due Date:
a.   The Husband shall have exclusive occupation of the [F Street, Suburb D] property;
b.   The mortgage secured on title to the [F Street, Suburb D] property shall continue to be paid from the parties' joint Bank H offset account.
c.   The Husband shall transfer the [Motor Vehicle 1] motor vehicle registered … to the Wife.
35.If the Husband fails to comply with Order 33 within 30 days of the Due Date ("the Sale Date"), the parties shall do all acts and things and sign all documents necessary to list the [F Street, Suburb D] property for sale by private treaty or auction as set out in the following manner:
a.   The parties shall appoint a local real estate agent by the Sale Date as agreed between them and failing agreement, the Husband shall propose 3 local agents to the Wife ("the Shortlist") and the Wife shall select 1 agent within 7 days of receiving the Shortlist. If the Wife fails to select an agent from the Shortlist within the 7 days, the Husband shall be at liberty to select the agent ("the agent");
b.   If the property is first listed for sale by private treaty the listing price for the sale shall be as agreed between the parties and failing agreement as recommended by the agent;
c.   If the property if the property is listed for sale by public auction, the reserve price shall be as agreed between the parties but failing agreement the reserve price shall be the expected figure that appears on the Agency Agreement, and if a range appears the lowest figure of that range, if no such estimated sale price appears on the Agency Agreement, the reserve price shall be the price set out as the 'market value' by the single expert valuation from [Mr AL] in his September 2020 valuation.
d.   In the event that the bidding at auction does not reach the reserve price the parties may negotiate with the highest bidders or any other interested person and effect a sale of the property at a price which is not more than 2% below the reserve price;
e.   If the property remains unsold, the parties will do all acts and things and sign all documents necessary to immediately re-list the property for sale by public auction again, with a different agent set out in the Shortlist as nominated by the Husband.
f.    The parties shall instruct such conveyancer or solicitor to act on the sale as agreed between them, but failing agreement the Husband shall provide to the Wife 3 fixed fee quotes from 3 different solicitors/conveyancers and the Wife shall select 1 from that list within 7 days. If the Wife fails to do so within 7 days then the Husband shall be at liberty to select the solicitor/conveyancer to act on the sale on behalf of the parties;
g.   Either party may bid at the auction;
d.   The parties shall cooperate in every way with the agent including (without limiting the generality of the foregoing):
i.        Making the key available to the agent;
ii.Signing all documents requested by the agent to sell the property;
iii.Executing a contract for sale in the form prepared by the solicitors having conduct of the sale at the sale price;
iv.Allowing inspection of the property at times as requested by the agent;
v.Doing all necessary repairs or improvements as recommended by the agent and as agreed between the parties;
vi.Ensuring the property including the grounds are in a neat and clean condition at the time of inspection by the agent and prospective purchasers; and
vii.Doing or saying nothing to hinder or prevent a sale being effected.
36.On settlement of sale of the [F Street, Suburb D] property the proceeds shall be distributed in the following manner and priority:
a.   All costs and agreed expenses of the sale including legal costs and disbursements, agent's commission, advertising expenses and auction expenses;
b.   The amount required to pay all municipal and water rates with respect to the [F Street, Suburb D] property;
c.   To discharge the [F Street, Suburb D] mortgage;
d.   $95,000 to [Mr G];
e.   Payment to the Wife of the adjusting sum.
f.    The balance to the Husband.
37.In accordance with section 90XT(1)(a) of the Family Law Act 1975 (Cth) ("the Act"), whenever a splittable payment within the meaning of section 90XE of the Act becomes payable to or on behalf of [Mr Melounis] from his interest in [Super Fund P], [Ms Melounis] is entitled to be paid (by the Trustee of the Fund) the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, using a base amount of $120,000 and there will be a corresponding reduction in the entitlement [Mr Melounis] would have had in the Fund but for these Orders.
38.The operative time for Order 37 is four business days after the service of the final orders on the Trustee.
39.Except as any other Order herein provides to the contrary, as against the Husband, the Wife shall be solely entitled to and the Husband has no interest in the following:
a.   Monies standing to the credit of the Wife in bank accounts in her sole name;
b.   Her 9227 [Company M] Shares;
c.   The Wife's superannuation entitlements in any fund or funds;
d.   The Wife's Jewellery including engagement ring;
e.   Her partial property settlement payment $40,000;
f.    Her funds in trust held by her lawyers [Coleman & Greig];
g.   The furniture, furnishings and effects in the Wife's possession; and
h.   All other assets of whatsoever nature and kind presently in the name, possession or ownership of the Wife.
40.Except as any other Order herein provides to the contrary, as against the Wife, the Husband shall be solely entitled to and the Wife has no interest in the following:
a.Monies standing to the credit of the Husband in bank accounts in his sole name;
b.His Electric Bicycle;
c.His Standard Bicycle;
d.His 2016 Scooter
e.Trailer and Sailing Boat;
f.9226 Company M shares and deferred shares;
g.His partial property settlement of $10,000 already received;
h.Funds in trust with his lawyers Fox & Staniland;
i.The Husband’s superannuation entitlements in any fund or funds;
j.The furniture, furnishings and effects in the Husband’s possession; and
k.All other assets of whatsoever nature and kind presently in the name, possession or ownership of the Husband.
41.Except as any paragraph comprising these Orders provide to the contrary:
a.The Husband hereby indemnifies the Wife from and in respect of all actions, claims, suits and demands as may be made against the Wife in relation to all liabilities in the name of the Husband including his tax debts, and his credit cards.
b.The Wife hereby indemnifies the Husband from and in respect of all actions, claims, suits and demands as may be made against the Husband in relation to all liabilities in the name of the Wife.
42.Except as any paragraph comprising these Orders provides to the contrary, each of the parties releases the other from all debts owing from one to the other.
43.Both parties shall promptly do all acts and things and execute all documents, authorities and writing as are necessary to give effect to all or any of the provisions of the paragraphs comprising these Orders.
44.In the event that either party refuses or neglects to execute any deed or instrument necessary to give effect to this Order, then a Registrar or a Deputy Registrar of the Federal Circuit Court of Australia or the Family Court of Australia is hereby appointed pursuant to section 106A of the Family Law Act 1975 (Cth) to execute such deed or instrument in the name of the defaulting party and to do all acts and things necessary to give validity and operation to the deed or instrument.

On final hearing, the Mother sought:
PROPERTY
1.That an order by way of alteration of property interests pursuant to section 79 of the Family Law Act 1975 (Cth) be made in terms of paragraphs 2 to 20 of this document in order to address the consequences of a breakdown of the marital relationship and the injustice that would occur given the circumstances of the relationship of legal and equitable title were not altered.
2.That within fourteen (14) days of the date of these Orders each party shall do all things necessary to cause the [F Street, Suburb D] property to be sold by private treaty at the earliest possible date at a price to be agreed between the parties and, failing such agreement, and that the proceeds of sale shall be disbursed as follows and in the following priority:
a.In payment of agents’ commission and advertising expenses and legal expenses of the sale;
b.In payment of costs incurred in relation to the nomination of a real estate agent (if any);
c.The sum equal to 70% of the non-superannuation asset pool to the Wife via the Coleman Greig Laywers Trust Account; and
d.The balance to the Husband via the Fox & Stanilands Trust Account
3.Pending transfer of the [F Street, Suburb D] property, the Husband shall be responsible for all mortgage payments, statutory rates and charges, other utilities, insurances, outgoings and expenses in relation to the [F Street, Suburb D] property and shall make all such payments as and when they fall due and hereby indemnifies the Wife in respect of all other liabilities incurred prior to the date of transfer.
4.That in the event there is not an exchanged sale still on foot of the [F Street, Suburb D] property by private treaty pursuant to the above Order within two (2) calendar months of the date of these orders, then the parties shall forthwith do all things necessary to cause the [F Street, Suburb D] property to be sold by public auction at the earliest possible date at a reserve price agreed upon between the parties and, failing agreement, $1,800,000, and on completion of sale the proceeds of sale shall be disbursed as provided for in Order 2 above, save that the parties shall, prior to distribution of proceeds to them personally equally, pay and bear as and when they fall due all costs associated with the auction process.
5.That for the purposes of Orders 2 and 4 above:
5.1.The Real Estate Agent to act in respect of the sale of the [F Street, Suburb D] property shall be as agreed between the parties and, failing agreement within seven (7) days of the date of these orders, then it shall be a Real Estate Agent appointed by the President of the Real Estate Institute of New South Wales or his/her nominee;
5.2.The solicitor/Conveyancer to act in respect of the sale of the [F Street, Suburb D] property shall be as agreed between the parties and, failing agreement within seven (7) days of the date of these orders, then it shall be a solicitor/conveyancer appointed by the President of the Law Society of New South Wales or his/her nominee.
6.        Pending the sale of the [F Street, Suburb D] property the Husband shall have the right of sole occupation of the property and shall:
6.1.     Keep the [F Street, Suburb D] property in good order and repair; and
6.2.     Co-operate in all reasonable way with requests by real estate agents and/or prospective purchasers including but not limited to:
6.2.1.   Providing keys to obtain access;
6.2.2.   Doing all things necessary to facilitate access to the [F Street, Suburb D] property at all reasonable times and facilitating access for inspection without interference.
6.3.Maintain the [F Street, Suburb D] property in a presentable condition so as to facilitate the sale including but not limited to presenting the property in a neat and tidy condition at all times when the [F Street, Suburb D] property is subject to inspection.
6.4.Do all things necessary to facilitate a sale at the earliest possible time and shall refrain from doing or saying anything which has the effect of hindering or preventing an inspection or a sale of the [F Street, Suburb D] property being effected.
7.That pending sale of the [F Street, Suburb D] property provided for in Order 2 the Husband shall be responsible for all mortgage payments, statutory rates and charges, other utilities, insurances, outgoings and expenses in relation to the property incurred prior to the date of the sale, shall make all such payments as and when they fall due and the Husband hereby indemnifies and shall keep indemnified the other party in respect of all liabilities in relation to the property whenever and however arising.
8.That in the event that sufficient payment is not made to the Wife in accordance with Order 2.3 then within 7 days of part payment being received from the Wife in accordance with Order 2.3, that the Husband shall pay to the Wife the sum outstanding such that the wife receive 70% of the non-superannuation asset pool.
9.That, if within a further seven (7) days the Husband has not made payment to the Wife pursuant to Order 8 above, then the Husband shall do all things necessary to cause the [Company M] shares currently held by him to be sold so as to meet the payment to the Wife pursuant to Order 8 above.
10.That the Court allocates, as required by Section 90XT(4) of the Family Law Act 1975 (Cth), an amount to the Wife out Of the Husband's interest in the [Super Fund AM] (‘the [Super Fund AM]’) a base amount of $190,327.00.
11.That in accordance with Section 90XT(1)(a) of the Family Act 1975 (Cth), the Court:
11.1.Creates and entitlement on the part Of the Wife to be paid the amount calculated in accordance with Part VI of the Family Law Act (Superannuation) Regulations 2001 (Cth);
11.2.Makes a corresponding reduction in the entitlement to the Husband, or such other person to whom a splittable payment may be made or would have had in the [Super Fund AM] but for this order.
12.That, whenever a splittable payment becomes payable in respect of the Husband's interest in the [Super Fund AM], the trustee of the [Super Fund AM] shall do all such acts and things and sign all such documents as may be necessary to pay the entitlement created in Order 10 above in accordance with the requirements of the Family Law Act 1975 (Cth) and the Family Law (Superannuation) Regulations 2001 (Cth).
13.That Order 10 above has effect from the operative time and the operative time is four (4) business days after service Of the sealed copy Of these Orders on the Trustee.
14.That these orders bind the Trustee of the [Super Fund AM] to observe the trustee obligations set out under the Family Law Act 1975 (Cth) and the Family Law (Superannuation) Regulations 2001 (Cth).
15.That within 30 days of the date of these Orders the Husband shall do all things necessary to cause the [Motor Vehicle 1] registration number … to be transferred to the sole name of the Wife and the Wife shall hereby indemnify and keep indemnified the Husband in relation to all liabilities in respect of the motor vehicle whenever and however arising.
16.That the furniture, furnishings and effects presently situated in the properly shall be divided by agreement between the parties and each party shall do all things necessary to facilitate that division within twenty-one (21) days of the date of these orders.
17.That in the event the parties have not complied with Order 16 above within one (1) calendar month from the date of these orders then:
17.1.Within a further seven (7) days the Husband shall prepare 2 lists comprising furniture, furnishings and effects situated in the [F Street, Suburb D] property, each list to comprise in total approximately 50% or the value of those furniture, furnishings and effects and that list shall be delivered to the Wife within that further seven (7) days.
17.2.The Wife shall then, within a further seven (7) days select one of those lists and inform the Husband of that decision.
17.3.Within a further seven (7) days each party shall then do all things necessary to facilitate the physical distribution and division of the furniture, furnishings and effects to be distributed between the parties as per the selection of the list referred to.
AND each party shall thereafter be solely entitled to the items of furniture, furnishings and effects so received by them in accordance with the above order
18.That within twenty-one (21) days from the date of these orders the Husband shall do all things necessary to facilitate collection from the [F Street, Suburb D] property by the Wife, on a date and at a time to be notified by the Wife to the Husband at least seven (7) days in advance, of the items listed in Annexure A to these orders and shall do all things necessary to ensure that those items are provided in good working order and condition.
19.That, at the same time arranged between the parties pursuant to Order 18 above, the Wife be permitted to access the parties home computer for the purposes of obtaining her personal documents and files including photographs by way of transfer onto a USB or hard drive and the Husband shall do all things necessary to ensure that the Wife is able to access the home computer for the purposes of compliance with this Order.
20.That within fourteen (14) days of the date of these Orders the parties jointly instruct [Mr AN], of [Company AO], to value the following items in the name or possession of the Husband:
20.1.    Scooters x 2;
20.2.    Sailing Boat;
20.3.    Road bikes x2; and
20.4.    Electric bicycle.
21.      That for the purposes of Order 20 above:
21.1.That within seven (7) days of the date of these orders the Wife's solicitors shall provide the Husband's solicitors with a draft joint letter of instruction;
21.2.That within a further Order 21.1 above the Husband's solicitors shall do all acts and things to finalise and send the joint letter of instructions;
21.3.The parties shall equally pay for the costs of the valuer appointed pursuant to Order 20 above;
21.4.The Husband shall ensure that the items listed in Order 20 are in good order and shall make them available to the valuer for inspection.
22.That within fourteen (14) days of the date of these Orders the parties shall do all acts and things necessary to sell the following via Gumtree or Facebook Marketplace (as agreed between the parties):
22.1.    Trailers x 2 (with an estimated value of $1,000 and $4,000);
22.2.    Boat trailer (with an estimated value of $5,000); and
22.3.    Electric wheelbarrow (with an estimated value of $2,500).
23.That for the purpose of Order 22 above, the parties shall agree on a sale price and of the items listed above (or any of them) are not sold within forty-two (42) days of being placed on the market for sale then they will be marketed for sale for the minimum sale price indicated in Order 22.
24.That the proceeds of sale for the items referred to in Order 22 above be disbursed to the parties equally.
25.That, as between the Husband and Wife, and subject to the above Orders, the Husband and Wife shall each respectively retain all interests and entitlement to:
25.1.    All personal property now in his/her respective possession or control
25.2.    All shares, debentures, units in unit trusts, bank, building society or credit union accounts standing in his or her sole name respectively;
25.3.    All interests in life insurance policies and superannuation funds standing in his/her sole name respectively.
26.That each party shall do all things necessary including providing all consents to give effect to these Orders in the time periods prescribed in these Orders.
27.That, in the event either party refuses or neglects to execute any Deed, document or instrument necessary to give effect to all or any of these Orders, then the Registrar of the Federal Circuit Court of Australia shall be appointed pursuant to section 106A of the Family Law Act 1975 (Cth) to execute such Deed, document or instrument in the name of the said party and do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of Affidavit.
IT IS NOTED THAT:
A.Pursuant to Section 81 of the Family Law Act 1975 (Cth) the parties intend these Orders to finally determine all financial relations and issues between them and avoid further proceedings between them.
PARENTING
28.That the children [X] born [in] 2013 and [Y] born [in] 2016 live with the Mother.
29.That the parents shall have equal shared parental responsibility for the children.
IT IS NOTED THAT:
B.Pursuant to section 65DAE Of the Family Law Act (1975) each parent has parental responsibility for making decisions concerning the children which are not major long-term issues when the children are spending time with that parent.
30.That the Respondent Mother be permitted to relocate with the children to the [Region B] in New South Wales.
31.That the children spend time with the Father, as agreed, and failing agreement as follows:
32.In the event that the Father does relocate to the [Region B]:
During the school term
32.1.From after school (or 3.30 pm) Friday to before school (or 9:00am) the following Monday commencing on the first Friday following the making of these Orders and continuing each alternate week thereafter, recommencing on the first Friday of each new school term;
32.2.From after school (or 3:30PM) on Wednesday to 9:00AM the following day, commencing on the first Wednesday following the making of these orders and continuing each alternate week thereafter, recommencing on the second Wednesday of each new school term;
32.3.    As otherwise agreed between the parties.
During school holidays
32.4.For the first half of each school holiday period in odd numbered years, being from after school (or 3:30PM) on the last day of the school term to 9:00AM on the Saturday nearest to the mid-point of the school holiday period immediately following the conclusion of each school term, commencing in 2021 and continuing each alternate year thereafter;
33.5.From after school (or 3:30PM) Friday to 4:30PM the following Sunday commencing on the first Friday following the making of these orders and continuing each alternate week thereafter, recommencing on the first Friday of each new school term;
33.6.    As otherwise agreed between the parties.
33.      In the event that the Father does not relocate to the [Region B] [sic] region:
During the school term
33.1.From after school (or 3:30PM) Friday to 4:30PM the following Sunday commencing on the first Friday following the making of these orders and continuing each alternate week thereafter, recommencing on the first Friday of each new school term;
33.2.    As otherwise agreed between the parties.
During school holidays:
Short school holidays
33.3.For the first part of each short school holiday period in odd numbered years, being from afterschool (or 3.00pm) on the last day of the school term to 4.30pm on the second Monday of each short school term holiday period;
33.4.For the second part of each school holiday period in even numbered years being from 3.00pm to the first Friday of the short school holiday period to 4.30pm on the Sunday immediately be foe the commencement of the new school term; and
Christmas school holidays
33.5.For two thirds of the school holiday period, as agreed and failing agreement, as follows:
33.5.1.From after school (or 3.00pm) on the last day of the fourth school term, to 4.30pm fourteen days after the last day of the fourth school term; and
33.5.2.From 4.30pm fourteen days after returning the children to the Mother pursuant to Order 35.6.1, until 9.00am on the day proceeding the new school year.
Special Occasions
34.That notwithstanding any other Order and in the event that the children are not otherwise spending time with the Mother, the Father’s time shall be suspended, and the Mother shall spend time with the children as follows:
34.1.From 3.00pm on the Friday prior to Mother’s Day to 9.00am on the Monday following Mother’s Day commencing in 2020 and continuing each year thereafter;
34.2.From 3.00pm Christmas Day until 10.00am 29 December, commencing in 2021 and continuing each alternate year thereafter;
34.3.From 9.00am Christmas Eve until 3.00pm Christmas Day, commencing in 2020 and continuing each alternate year thereafter;
34.4.From 10.00am 29 December until 5.00pm New Year’s Day, commencing in 2020 and continuing each alternate year thereafter;
34.5.From 3.30pm to 8.00pm on the Mother’s birthday commencing in 2020 and continuing each year thereafter;
34.6.    From 9.00am Holy Thursday until 4.00pm Easter Monday; and
34.7.    As otherwise agreed between the parties.
35.      That notwithstanding any other Order and in the event that the children are not otherwise spending time with the Father, the Mother’s time shall be suspended, and the Father shall spend time with the children as follows:
35.1.From 3.00pm on the Friday prior to Father’s Day to 4.30pm on Father’s Day each year;
35.2.From the conclusion of school (or 3.30pm) to 8.00pm on the Father’s birthday commencing in 2020 and continuing each year thereafter;
35.3.From the conclusion of school (or 3.30pm) on the Friday proceeding the Greek Orthodox Easter until 4.30pm Greek Orthodox Easter; and
35.4.    As otherwise agreed between the parties.
Changeover
36.That for the purposes of changeover, in the event that changeover occurs on a day that the children are at school/pre-school (once commenced) the parties shall collect and return the children to the school/pre-school that they attend from time to time.
37.That in the evet that changeover occurs on a day that the children are not at school, the Father shall collect the children from the Mother’s residence at the commencement of the Father’s time with the children and the Mother shall collect the children from the Father’s residence at the conclusion of the Father’s time with the children.
Communication
38.That the children shall communicate with the parent the children are not spending time with by Skype or Facetime (or mobile telephone if Skype or Facetime are not available), as agreed and failing agreement, each Tuesday and Thursday between 6.00pm and 6.30pm with the parent the children are spending time with to facilitate the children receiving such call from the mobile number or Skype account as provided pursuant to these Orders.
39.That each party notify the other party in writing of any significant social, religious or sporting event relating to the children that is scheduled to occur whilst the children are in their respective care, not less than seven (7) days prior to that event taking place.
40.That if either parent changes their contact number or address, they must notify the other parent within twenty-four (24) hours of that change.
41.That each party refrain from making critical or derogatory remarks about the other party, members of the other party’s family, the other party’s care of the children or the nature of these proceedings whilst in the presence of the children.
Annexure A
1.All personal clothing and shoes
2.Jewellery/accessories
3.Hand bags
4.Kids photos/albums and old VHS tapes (old ones that are the Wife’s since childhood)
5.Photo frames in loft
6.Kids artwork framed x3 (in lounge room)
7.50% of kids toys and items
8.Personal paperwork and office supplies in loft storage
9.Christmas tree and decorations
10.Kids prams x2 (single and double BOB prams)
11.Ipad
12.Kindle
13.Books belonging to Wife
14.Cook books
15.Bathroom products
16.Hair straightener
17.Blow dryer
18.Paint supplies
19.Childrens’ blue books and birth certificates
INTERLOCUTORY APPLICATION FILED ON 14 MAY 2021

The net matrimonial property pool without superannuation entitlements is $1,563,534. The net matrimonial property pool with superannuation entitlements included is $1,934,582.
CONTRIBUTIONS
The initial contributions by the parties at the commencement of their cohabitation in September or October 2008 certainly favour the Husband. I have found that at that time he had $5,947 worth of Company M shares and savings in NAB accounts of $140,000 and a credit card debt of not over $500. He had superannuation entitlements as at 30 June 2009 - about nine months after commencement of cohabitation - of $34,864.
I have found that at the commencement of cohabitation, the Wife had a Motor Vehicle 2 valued at between $4,000 and $5,000, "modest" superannuation and a HECS debt in the sum of $20,936. That HECS debt has reduced to the time of hearing to $16,149.
The Husband contributed his savings held at the commencement of cohabitation toward the purchase of the F Street, Suburb D property. The parties then applied further savings accumulated by them since commencement of cohabitation. A sum of $50,000 was gifted to the Husband by his parents and applied to the purchase of the F Street, Suburb D property. The parties jointly obtained a loan in the sum of $735,000 to apply toward purchase and costs. Part of the property was placed in the parties’ names as registered proprietors as tenants in common as to four-fifths the Husband and one-fifth the Wife. I accept that such title was to reflect their unequal contribution toward the purchase. That purchase occurred in 2010, some one year and eight months after their commencement of cohabitation.
Renovations were carried out to the F Street, Suburb D property. Much of the work was undertaken by the Husband's father, but at a contract price of $95,000. This sum remains owing and forms part of the calculation of the matrimonial property pool. Other work was undertaken by the Husband, other members of his family and members of the Wife's family, particularly certain of her brothers, though payment was made to the Wife's brothers for at least some, if not all, of their work.
On 27 January 2016, the Wife received a gift of $50,000 from her grandfather which she applied toward repayments on the loan obtained by the parties to finance the renovations to the F Street, Suburb D house for a period of time and, I find, otherwise toward matrimonial living expenses.
The Wife was involved in the renovations of the matrimonial home in that it was she who obtained the owner builder’s licence after undertaking the required course and she was also responsible for design and management of the project. Although the parties differ in their evidence as to the duration of her said management. The architectural plans for the renovations were prepared by the Wife's uncle - it is not in evidence if he was paid.
The employment history of the parties
The Husband was in employment with the Employer AU from 2003 until 2019, when he received the multi-composition severance pay referred to earlier in these Reasons in the net sum of $267,652.67. On the evidence, the Husband contributed his earnings from his employment during cohabitation to the acquisition, conservation and improvement of the F Street, Suburb D property and to the welfare of the family unit in relation to the family living expenses.
The Wife was in employment with the Employer AW at the commencement of cohabitation and remained in that employment on a full-time basis until 2013 when X as born, at which time she took maternity leave until 2015. From 2015 until 2016 she returned to work with Employer AW three days per week and then again took maternity leave from 2016, shortly before the birth of Y, until 2018. From February 2018 until November 2018, the Mother was in "cash in the hand" employment as a nanny or child minder for the Husband's brother, Mr S and his wife, four days per week.
From 2018 until 2019 the Wife was engaged on contract by Employer AW three days per week and then from 2019 until 2019 she was employed by Employer AW three days per week. Since 17 October 2019 and to the time of hearing, the Wife had not been in paid employment
The Husband has not been in paid employment since he left Employer AU in 2019, pursuing studies as a student toward a qualification as a counsellor.
On all of the evidence the Wife applied the whole of her earnings from paid employment during cohabitation toward the acquisition, conservation and improvement of the F Street, Suburb D property and toward the welfare of the family unit in relation to living expenses.
I find that the Wife was primarily responsible throughout the parties' cohabitation for the day-to-day care of the children of the marriage in that she took 18 months maternity leave from the birth of X and two years maternity leave - subject to her providing nanny services for Mr S and his wife - shortly before the birth of Y. Between maternity leave and after her second period of maternity leave, the Wife was engaged in employment on a three day per week basis.
I find on the evidence that the Wife was primarily responsible for the homemaker role - cooking, cleaning, washing, ironing and shopping and so forth. She was assisted in that regard by the Husband when available for same from his full-time employment and from his work on renovation of the F Street, Suburb D property.
The Husband received a gift of $3,500 from his mother toward the parties’ wedding in 2010 and the Wife received a gift of $10,000 from her father and $8,000 from her grandfather toward the cost of the wedding in 2010.
The Husband began to take a more active role in relation to the day-to-day care and parenting of the child from about February 2019 through to the party's separation in September or October 2019.
Post-separation, the Husband has been principally responsible for the day-to-day care of the children, being virtually solely responsible for their care from 17 October 2019 until 13 April 2020 when, pursuant to interim orders, the children began spending five nights per fortnight with the Mother and nine nights per fortnight with the Father.
Neither party has been in paid employment post-separation and up to the final hearing.
Following separation, the Husband enjoyed occupation of the matrimonial home with the children. The required payments on the loan accounts secured by a mortgage on that F Street, Suburb D property were paid from funds in the parties' joint Bank H offset account. The Wife arranged accommodation from October 2019 with her mother at Suburb W near City AJ and by use of a relative's unit at Suburb N on occasions when she needed to be able to take X to school and Y to preschool when they were in her care.
The Father met the whole of the children's financial needs from 17 October 2019 to 13 April 2020 and thereafter the Husband met their financial needs when they were in his care nine nights per fortnight and the Wife met their financial needs when they were in her care five nights per fortnight.
The Husband submits that a just and equitable recognition of the parties' overall contributions at cohabitation, during cohabitation and following separation, viewed on a holistic basis, is contributions favouring the Husband as to 55 per cent and the Wife as to 45 per cent.
The Wife submits that a proper reflection of the parties' overall contributions is that the parties made equal contribution overall, as to 50 per cent to the Husband and 50 per cent to the Wife.
I find, based on all of the evidence and viewing the overall contributions of the parties from inception of their cohabitation to the time of hearing, on a holistic basis that the Husband contributed as to 55 per cent and the Wife as to 45 per cent.
Should there be any adjustment pursuant to section 79(4)(e) - considerations in section 75(2)?
At hearing the Husband was 44 years of age and the Wife 37 years of age. Given the time left to each party to engage in appropriate gainful employment or income generating activity before a usual retirement age, there is no basis for adjustment between the parties for the seven-year age difference.
Both parties are in good health.
The Husband asserts an income only from dividends received on his Company M shares in the sum of $116 per week and some interest received on the savings remaining from his redundancy monies. He does not assert any benefits received by him from government, despite his low income and day-to-day care of the children. In relation to earning capacity, he is studying to qualify as a counsellor following his qualification and registration with the governing body. There is no evidence as to his likely earnings from that business or employment. The Husband gives evidence in paragraph 371 of his affidavit of efforts to obtain employment post-separation, without success.
There are no other income earners in the Husband's household.
The Husband claims expenditure of $1,285 per week, sustaining himself and the children when they are in his care from his very limited income from investments and from savings. In justifying his weekly expenditure, the Husband completed Part N of his Financial Statement.
The Wife earns $341 a week from her employment with Company BF as an administration assistant. This was employment she had only enjoyed for a couple of weeks prior to the start of the final hearing. She was, at the time of completing her Financial Statement on 11 September 2020, also receiving a $586 weekly JobSeeker payment from the government, representing a total income of $927 per week. Other income earners in the Wife's household were her mother and her father, each earning an average amount of about $600. Her brothers, Mr BE and Mr AE, were also income earners although their income was not known to the Wife.
The Wife asserted that her weekly personal expenditure was $892, which did not include any accommodation costs. The Wife enjoys accommodation in the home of her mother and stepfather without cost to her. The Wife also justified her weekly expenditure by completing Part N of her Financial Statement.
Though section 75(2)(b) does not refer to the employment capacity of a party, except insofar as the party is physically and mentally capable of engaging in appropriate gainful employment, earning capacity can be taken into account under section 75(2)(o) as a fact or circumstance that the justice of the case requires to be taken into account.
The Husband had a long career in the Employer AU as a professional and as a manager, earning an income that ranged during the cohabitation of the parties from $128,143 in 2008 up to a high of $508,331 in 2017. This was reflective of an ability to earn a high income of a range between $250,000 and $500,000 gross per year in the form of employment he had with Employer AU. The Husband details his income through the period of cohabitation at paragraph 320 of his affidavit and details bonuses received through that period at paragraph 323 of his affidavit, although it is not entirely clear if the gross incomes per annum set out in paragraph 320 include the bonuses referred to at paragraph 323.
The Husband also sets out the gross income earnt by the Wife through the period of cohabitation at paragraph 338 of his affidavit, indicating that if she was working on a full-time basis she was capable of earning $90,000 per annum. There is an obvious disparity in the earning capacity of the parties if they were to engage in the form of employment held by them during their cohabitation. The Husband chooses to alter career course, leave the financial services and banking world and enter the alternate dispute resolution world. Nevertheless, his earning capacity overall is in excess of that which the Wife is able to achieve based on employment histories.
Pursuant to the findings I have made and the orders I have indicated will be made on parenting issues, the parents will have equal care of the children, X and Y.
Each of the parties is responsible for the support of X and Y and each will continue their role as a parent until each of the children attains 18 years of age. Neither is responsible for the support of any other adult or minor person other than those children.
There is no evidence that either party is eligible for a pension, allowance or benefit under the laws of the Commonwealth or of a State or Territory or of any other country or pursuant to any superannuation fund or scheme other than the JobSeeker payment received by the Wife as set out in her Financial Statement. Given the financial circumstances of each of the parties in relation to income, it may well be thought to be the case that each would be entitled to some part of Family Tax Benefit, given their care of the children on a nine nights/five nights per fortnight basis and following final orders on an equal care basis, but no evidence is presented on hearing to that effect.
Each of the parties contributed to the income earning capacity, property and financial resources of the other party during the period of their cohabitation. The financial contribution and earning capacity of the Husband was greater than the Wife’s because he engaged in full-time employment from the commencement of cohabitation through to September 2019. Following the birth of X in 2013, the Wife was either on maternity leave or engaged in part-time work so as to enable her to be primary day-to-day carer for the children and principal homemaker. This freed the Husband to pursue his full-time employment and develop his skills and market value in the employment marketplace. For the same reasons for the duration of the marriage and cohabitation from the birth of X in 2013 through to the parties' separation in September or October 2019, the Wife's earning capacity was affected in that she did not continue to engage in consistent or full-time employment during this time. This reduced the development of her skills and marketability in the employment marketplace below what it would have been had she continued to engage in full-time employment throughout.
I made findings when establishing the matrimonial property pool in relation to the various addbacks asserted by the parties in the Balance Sheet marked Exhibit Court 1 and made findings that various of the asserted addbacks would not be included as a property in the matrimonial property pool. In particular monies expended by the parties on living expenses, and in the Wife's case on non-family law legal fees, post-separation and on payment of tax and tax penalties and the required payments of the loan accounts secured on the F Street, Suburb D property.
Should there be any adjustment between the parties on the basis of such expenditure presenting facts or circumstances that justify those matters being taken into account pursuant to section 72(2)(o)?
I find that such is not the case and that there should be no adjustment between the parties for any of the addbacks asserted by the parties but not accepted in these Reasons as forming part of the matrimonial property pool.
On the basis of my consideration of the matters referred to in section 79(4)(e) I find that an adjustment of 5 per cent in favour of the Wife is appropriate. That 5 per cent represents $78,176 of the net matrimonial property pool without superannuation entitlements included.
In relation to the superannuation entitlements pool between the parties, having a total value of $371,048, the Husband seeks a superannuation splitting order whereby a base amount of $120,000 is split from his superannuation with Super Fund AM to the benefit of the Wife, which would be a superannuation division of 48.5 per cent to the Husband and 51.5 per cent to the Wife. The Wife, for her part, seeks a superannuation splitting order whereby a sum of $190,327 is split from the Husband's Super Fund AM to her benefit, being a division of the superannuation pool of 29.5 per cent to the Husband and 70.5 per cent to the Wife.
I find that the appropriate division of the parties' superannuation pool, to be effected by a superannuation splitting order, is in line with my findings overall on contributions and adjustment under section 79(4), being 50 per cent to the Husband and 50 per cent to the Wife. I find that it is appropriate to deal with the available assets in one pool and the superannuation entitlements in another pool so as to proceed by way of a superannuation splitting order providing an equal sum of superannuation to each of the parties. Accordingly, it is appropriate that a superannuation splitting order is made providing to the Wife a base amount from the Husband's Super Fund AM of $114,474.
What orders are just and equitable so as to achieve an equitable division of the net matrimonial property pool between the parties?
It is at this point that I turn to the Application in a Case and Response to Application in a Case that were before the Court on 2 July 2021.
The Wife filed an Application in a Case on 14 May 2021 seeking to reopen the evidence in the final hearing by admitting into evidence a valuation report prepared by Mr AL, a registered valuer with Company E Valuers dated 10 May 2021, and an updated Balance Sheet indicating an increased value of the F Street, Suburb D property consequent upon Mr AL’s 10 May 2021 valuation. The Wife sought an order that the previous Balance Sheet marked as Exhibit Court 1 "no longer be relied upon".
In support of her Application in a Case the Wife sought to rely upon her affidavit adopted by her by electronic signature, pursuant to the COVID-19 practice direction then current, on 14 May 2021. Annexed to the affidavit was an updated Balance Sheet, copies of certain correspondence between the parties' solicitors and certain correspondence between the Wife's solicitors and the Husband direct (who was then acting on his own behalf), and correspondence between the Wife's solicitors and the valuer and between the Husband and the valuer. Also annexed was a valuation dated 23 April 2021 valuing the F Street, Suburb D property at $2,400,000, that value being increased in the opinion of the valuer in the 10 May 2021 valuation to $2,800,000. The Wife also sought to rely upon an affidavit adopted by Mr AL, the valuer, adopted by electronic signature under the COVID-19 practice direction on 14 May 2021, to which was annexed his valuation of the F Street, Suburb D property dated 10 May 2019. She also sought to rely upon an affidavit by Ms BU, a legal assistant employed by the Wife's solicitors, adopted by typed signature pursuant to the COVID-19 practice direction on 18 June 2021.
In response, the Husband filed his Response to Application in a Case on 25 June 2021 seeking that the Wife's Application in a Case filed 14 May 2021 be dismissed. In support of that application, the Husband sought to rely on his affidavit adopted by electronic signature pursuant to the COVID-19 practice direction on 25 June 2021. That affidavit addressed the issue presented by the Wife's application to reopen the evidence to admit the updated valuation and updated Balance Sheet, but also included evidence that did not relate to that application. This evidence related to parenting matters sought by him to be taken into account by the Court as relevant in relation to the application to reopen the evidence on the basis of impact of such reopening on the children. I have not had any regard to paragraphs 68 to 105 of the Husband's said affidavit.
On 2 July 2021 when the application and response came before the Court, orders were made by consent in accordance with a document entitled "Proposed Consent Directions (amended)" provided to the Court by Mr Wong of counsel for the Wife and Mr Maurice of counsel for the Husband. Those consent orders provided for the Husband to file and serve submissions in relation to the fresh application by 5 July 2021, with the Wife to file and serve submissions by 12 July 2021 and the Husband to file and serve submissions in reply (if any) by 19 July 2021. The parties did file their submissions. I have considered the Wife's Application in a Case and her supporting evidence, and I have considered the Husband's responsive Application in a Case and his supporting evidence, except those paragraphs I have referred to as not having been taken into account. I have also carefully considered the written submissions filed for each of the parties.

I have also considered a Notice to Admit Facts dated 15 June 2021 served on the Husband by the Wife, through her solicitors, and the Notice Disputing Facts filed by the Husband on 29 June 2021.
The agreed value of the F Street, Suburb D property on the balance sheet marked Exhibit Court 1 at the final hearing was $1,900,000. The value of the matrimonial home determined by Mr AL in his further valuation of the property dated 10 May 2021 was $2,800,000, an increase of $900,000.
The whole issue is entirely moot if, as a result of final orders, the F Street, Suburb D property is to be sold. The sale will establish the property’s value.
However, whatever the final orders will be, I do not grant leave to the Wife to tender the valuation report prepared by Company E on 10 May 2021 annexed to paragraph 19 of the Wife's affidavit filed 14 May 2021 and I do not grant leave to the Wife to tender an updated Balance Sheet, being annexure K referred to in paragraph 34(b) of the Wife's affidavit.
Mr AL of Company E was engaged by the parties as a single expert witness by the parties jointly on 1 September 2020 and he prepared a valuation on 4 September 2020 valuing the F Street, Suburb D property at $1,900,000. This was a valuation accepted by both of the parties at the time of the final hearing. That appointment of Mr AL as single expert witness by the parties jointly was pursuant to rule 7.03 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), which commenced on 1 September 2021. (Rule 1.02 of the rules). He was instructed jointly by the parties by joint letter of instructions.
Following the conclusion of evidence and submissions in the final hearing, the Wife purported to engage Mr AL as an expert witness on her behalf only, not as a continuation of his role as jointly appointed single expert witness, by a letter of 21 April 2021 from her solicitors. That letter included the words:
To confirm, you are solely instructed by the wife and, therefore, any correspondence should be sent to my office only.
The engagement of Mr AL as expert witness for the Wife, despite his having been jointly appointed single Court expert in the proceedings, was kept by the Wife from the Husband until a letter from her solicitors to the Husband on 11 May 2021 provided a copy of the valuation of 10 May 2021 and seeking his consent to admission of that further valuation as fresh evidence and advising that if such consent was not forthcoming, the Wife would make application in the form of the Application in a Case that was ultimately filed on her behalf.
Patently, the Husband had no opportunity for input into either of the further valuations on 23 April 2021 and 10 May 2021 prepared by Mr AL at the instruction of the Wife.
The Wife's application for leave to adduce fresh evidence in the hearing in the form of the updated valuation and the updated Balance Sheet is made pursuant to rule 7.01 of the Rules and when considering that application the Court must consider the matters set out in rule 7.11(3). I give particular attention to consideration of the purpose of Chapter 7, Part 7.1 - experts, as set out in rule 7.02 and the consideration of whether the evidence should be given by a single expert witness, rather than an expert witness appointed by one party only. I refer, in particular, to rule 7.02(c) that provides that part of the purpose of part 7.1 is to ensure that, if practicable and without compromising the interests of justice, expert evidence is given on an issue by a single expert witness.
It is entirely improper and not in the interests of justice whatsoever for one party to seek to introduce evidence from an expert witness for that party in a hearing where that same expert has already been appointed, either jointly by the parties or by order of the Court, as the single expert witness in the proceedings, not only in the same area of expertise but for exactly the same purpose - valuation of the F Street, Suburb D property.
There is strong inference from the affidavit of the Wife relied upon in support of her Application in a Case and the affidavit of the Husband in support of his Response to Application in a Case that the Wife selected Mr AL as her expert witness because there would be no necessity for him to attend at the F Street, Suburb D property to inspect prior to preparing the valuation as he would be updating a previous valuation where there had been no relevant change to the property, thereby not alerting the Husband to the process embarked upon by the Wife of updating the valuation until she had her satisfactory result - the Wife considering the valuation of 23 April 2021 not to be a satisfactory result, but the valuation of 10 May 2021 to be a satisfactory result. That is not to make any comment and certainly not cast any aspersion on the application of the expert knowledge of Mr AL to those two valuations.
I find on the basis of the interests of justice that the updated valuation of the F Street, Suburb D property prepared by Mr AL of Company E Valuers and dated 10 May 2021 should not be admitted into evidence in the proceedings and that, therefore, the proposed updated Balance Sheet reflecting the greater value of the property should not be introduced into evidence.
The Wife could have gone about the very reasonable process of obtaining an updated valuation of the property, given the unreasonable delay incurred between the end of the final hearing and final orders being made, by either joining with the Husband from the start in seeking an updated valuation from the single expert witness or, if the Husband did not give his cooperation, by making application for appointment of an expert witness in her case to prepare such valuation, being an expert witness other than the single Court expert, Mr AL.
The mischief consequent upon the delay between the end of the final hearing and the making of final orders where there is the strong possibility that the value of the F Street, Suburb D property will have increased over time between the agreed value and value at about the time of making orders can be cured by final orders providing, in the event that the property is not to be sold as a consequence of final orders, an updated valuation be prepared by the single expert witness and the amount of any payment to be made by the Husband to the Wife for transfer of the Wife's interest to the Husband in that property be calculated accordingly on the basis of a matrimonial property pool of defined value, other than in relation to the F Street, Suburb D property pending that valuation. In view of the Wife's conduct in engaging the single expert witness as her own adversarial expert without the knowledge of the Husband until she has a valuation to her satisfaction, means that any such single expert witness appointed in final orders would not be Mr AL - that is, once again, without casting any aspersions on Mr AL's standing in any regard.
Once again, all of that is entirely moot if, as a result of final orders, the F Street, Suburb D property is to be sold.
On the evidence on hearing the F Street, Suburb D property is valued at $1,900,000 and is security for two loan accounts with debit balances totally $975,681. There is a debt to Ms G that is contractually required to be paid upon a change in title of the property or upon a sale of the property or upon completion of the renovations (which has occurred) and repayment of the "house loan". Pursuant to final orders, at least one and possibly two of those triggers for a repayment must occur. That is a total of $1,070,681 to be repaid upon a transfer in title to the F Street, Suburb D property.
I have determined that orders will be made dealing with the matrimonial property on a two-pool basis. One pool being the matrimonial property not including superannuation, and the other pool being the parties' superannuation entitlements.
The net matrimonial asset pool without superannuation is valued at $1,563,534, 50 per cent of which is $781,767. If the Husband seeks to keep the house and refinance the current loan account secured on the property and comply with his contractual obligation and repay his father the sum of $95,000, then he must seek financing for $1,070,681. But he must also seek funds to meet an inevitable order that he make payment on property settlement to the Wife. If the Husband retained only the F Street, Suburb D property and it stayed at a value of $1,900,000, then besides transferring all Company M shares and all other assets in his name to the Wife, he would need to pay her a sum of about $50,000, meaning he would need to find financing for about $1,120,681. If the Husband is given the opportunity to retain the F Street, Suburb D property and orders are made that an updated value of that property be found and such value is in excess of $1,900,000, the amount of financing the Husband would need to find to discharge the liabilities and meet an order for payment to the Wife would be even greater.
There was no evidence presented on hearing that the Husband has any borrowing capacity to enable him to refinance the current loan accounts secured on the F Street, Suburb D property. His financial position presented at hearing does not ground any implication whatsoever that he can obtain such necessary financing. The Husband seeks an order that he keep the home and pay the Wife 35 per cent of the parties’ net assets "including superannuation", referred to by him as "the adjusting sum" and despite also seeking a superannuation splitting order under section 90XT(1)(a) with the base amount to the Wife of $120,000 from his Super Fund P.
On the evidence the Husband does not have ability to refinance, as necessary, to enable him to retain the F Street, Suburb D property by receiving a transfer from the Wife of her interest in that property and discharging liabilities so as to absolve her from liability and to meet his sole liability to Ms G under the contract for the sum of $95,000.
Accordingly, in formulating a final property settlement order altering the interests of the parties to the marriage in the property under section 79 of the Act, I will order that the F Street, Suburb D property be sold. There will be no need for re-evaluation because sale will establish the value.
Accordingly, I will make orders that will provide for the following. The Husband will:
(a)Receive one half of the monies standing to the joint credit of the parties in the Bank H offset deposit account number #...18;
(b)Retain his NAB Classic Account number #...01, his Bank J account, his Bank K account, his Bank L account;
(c)Retain his 9,226 Company M shares received as partial property distribution, and his 1,613 Company M shares that vested on 15 November 2020;
(d)Retain his electric bicycle, two bicycles, scooter, sailing boat and trailer;
(e)Retain one half of the "household contents" in the F Street, Suburb D property; and
(f)Retain the funds standing to the Husband's credit in the trust account of Fox & Staniland as at 14 September 2020.
He will also receive benefit of his total paid legal fees in the family law proceedings as at 14 September 2020.
That will give the Husband property, based on the values I determined in ascertaining the matrimonial property pool, valued at $452,300.50.
Orders will provide for the Husband to remain solely responsible as between himself and the Wife for repayment of the debit balance of his Westpac Visa account. Accordingly, the Husband will have net property to a value of $449,086.50 prior to any distribution of the proceeds of sale of the F Street, Suburb D property.
I will make orders that the Wife will:
(a)Receive one half of the credit balance in the parties' joint Bank H offset deposit account number #...18;
(b)Retain her NAB Classic Account number #...22;
(c)Retain her 9,227 Company M shares received as partial property distribution;
(d)Receive the transfer of the Motor Vehicle 1 by the Husband to the Wife;
(e)Receive one half of the "household contents" in the F Street, Suburb D house;
(f)Retain her engagement ring; and
(g)Retain the funds standing to her credit in the trust account of Coleman & Greig Solicitors as at 14 September 2020.
The Wife will also have benefit of the sum of $62,430 being paid legal fees in the family law matter to the time of hearing.
That provides to the Wife property valued at $301,277.50 based on the values I ascertained in determining the matrimonial property pool.
I will order that the Wife remain solely responsible as between herself and her Husband for her HECS debt. Accordingly, the Wife will have net property to a value of $285,128.50 prior to any distribution of sale of the F Street, Suburb D property.
I will make orders for the sale of the F Street, Suburb D property and payment out from the proceeds of sale of the sums owing on the loan accounts secured on the property and payment out of the sum of $95,000 to Ms G, and then after payment of all legal and other proper costs of sale, a division of the then remaining net proceeds of sale between the parties so as to achieve an equal division between them of the matrimonial property pool not including superannuation assets, taking into account the property already retained or received by them pursuant to the orders.
I will make an order that pending the sale of the F Street, Suburb D property the Husband be solely responsible as between himself and the Wife for payment of all outgoings relating to both ownership and occupation (including payments required on the loan accounts secured on the property by a mortgage) as between himself and the Wife.
In relation to the "household contents" of the F Street, Suburb D property, I will make orders 16 and 17 as sought by the Wife in her minute of orders sought being annexure A to her counsel's final written submissions - a "two-list" process - with such orders providing that the Wife "select one of those lists" after perusal of the lists, not on a sight unseen basis. Inherent in that order is a finding that I will not make an order for the Wife to receive the items set out in annexure A to her minute of order separate from the "two lists" process.
I will make an order that the two trailers and electric wheelbarrow be sold and the proceeds of such sale divided equally between the parties and for that purpose I will make orders 22, 23 and 24 as sought in the Wife's minute of order (but not relating to the boat trailer).
I will make an order for the benefit of each party that such party is the sole owner between that party and the other party of all real property, personal property, financial assets and financial resources currently in that party's power, possession or control, other than as dealt with specifically elsewhere in the final order.
As indicated earlier in these reasons, I will make a superannuation splitting order affecting the Husband's Super Fund P with a base amount to the Wife of $114,474. Such superannuation splitting order will need to be ordered to take effect no earlier than 28 days after procedural fairness has been provided to the trustee of the Husband's Super Fund AM pursuant to section 90XZ(d) of the Act, unless satisfactory proof of the provision of procedural fairness pursuant to that section to the trustee is provided prior to the making of the final orders.
Accordingly, I make the orders in relation to both parenting issues and alteration of property interests set out at the start of these reasons.

I certify that the preceding five hundred and seventy-five (575) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Morley.
Associate:
Dated: 24 May 2022

File number(s):	SYC 7199 of 2019
Judgment of:	JUDGE MORLEY
Date of judgment:	24 May 2022
Catchwords:	FAMILY LAW – parenting – final orders – parents seek equal shared parental responsibility – Mother seeks relocation from Sydney to the Region B – Father and Mother each seek children live with them and spend time with the other parent. FAMILY LAW – property – final defended hearing – orders pursuant to section 79 of the Family Law Act 1975 (Cth) – where asset pool is contested – where Court deals with asserted “addbacks” and asserted liabilities to the pool – where Court finds it just and equitable to make an order pursuant to section 79
Legislation:	Evidence Act 1995 (Cth) – s118 Family Law Act 1975 (Cth) – ss4AB, 60B, 60CA, 60CC, 61DA, 64B, 65D, 65DAA, 65DAB, 67ZC, 68B, 68P, 75, 79, 79A, 90XZ, 114, 117 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) – s10 Limitation Act 1969 (NSW) – s14
Cases cited:	A & A & The Child Representative (1998) 22 FamLR 756 AJO v GRO (2005) 191 FLR 317 Bevan & Bevan (2013) 279 FLR 1 Deiter & Deiter [2011] FamCAFC 82 Dickons & Dickons [2012] FamCAFC 154 Eaby & Speelman [2015] FamCAFC 104 Fields & Smith [2015] FamCAFC 5 Fontana & Fontana [2018] FamCAFC 63 G & C [2006] FamCA 994 Godfrey & Sanders (2007) FamCA 102 Grier & Malphas (2017) 55 Fam LR 107 Hickey & Hickey & Attorney-General for the Commonwealth of Australia (‘Hickey’) [2003] FamCA 395 In the Marriage of Biltoft C.J. & Biltoft V. (1995) FLC 92-614 Johnson & Page (2007) FLC 93-344 M & M (1988) FLC 91-973 Masoud & Masoud [2013] FamCA 763 Masoud & Masoud [2016] FamCAFC 24 Mazorski & Albright [2007] FamCA 520 McCall & Clark [2009] FamCAFC 92 Napier & Hepburn (2006) FLC 93-303 Shan & Prasad [2018] FamCAFC 12 Stanford & Stanford (2012) 247 CLR 108 Talbot & Talbot [2015] FamCAFC 132 Trevi & Trevi [2018] FamCAFC 173 Vadisanis & Vadisanis & Anor [2014] FamCAFC 97 Vass & Vass [2015] FamCAFC 51
Division:	Division 2 Family Law
Number of paragraphs:	575
Date of last submission/s:	20 July 2021
Date of hearing:	14, 15, 16, 18 September 2020 and 6, 12 November 2020 and 2 July 2021
Place:	Sydney
Counsel for the Applicant:	Mr Maurice
Counsel for the Respondent:	Mr Wong

SYC 7199 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR MELOUNIS Applicant
AND:	MS MELOUNIS Respondent

order made by:	JUDGE MORLEY
DATE OF ORDER:	23 May 2022