Mendicino and Mendicino and Ors (No 7)

The proceedings involved the parties, Mr and Mrs Mendicino, and other respondents, who had reached an agreement regarding the division of their property and parenting arrangements for their children. The matter came before Kent J in the Family Court of Australia for the making of final consent orders.

The court was required to determine whether the proposed consent orders for property settlement and parenting were just and equitable, and in the best interests of the children, respectively. The parties had signed Minutes of Consent detailing their agreement on these matters, and the court needed to be satisfied that these orders were appropriate to give effect to that agreement.

Kent J was satisfied that the proposed property settlement orders were just and equitable, and that the parenting orders were consistent with the recommendations of a single expert report and were in the best interests of the children. Consequently, the court vacated the previously listed hearing and made orders by consent in terms of the Minutes of Consent. These orders detailed the division of property, including specific assets and cash payments, and established detailed parenting arrangements concerning equal shared parental responsibility, time with the children, special days, extra-curricular activities, communication, exchange of information, education, travel, and immunisation. There were also specific orders regarding costs.