Mitchell and Blake

This case involved parenting and property adjustment orders made by Forrest J. The dispute concerned the arrangements for the child, E, born in September 2000, and the division of the parties' real property.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility, the child's time with each parent, and provisions for communication and information sharing. Additionally, the court had to address the sale of the parties' real property, the appointment of a trustee for the sale, and the distribution of the net proceeds, taking into account various assets and liabilities.

Forrest J made detailed parenting orders, granting the Mother sole parental responsibility but requiring her to inform the Father of major long-term decisions. The child was ordered to spend alternate weekends with the Father during school terms and agreed times during school holidays. The court also made specific provisions regarding the collection and return of the child, communication between the child and parents, and the father's entitlement to attend school events and receive information about the child's development. The orders also included restraints on parental behaviour, such as prohibitions on physical discipline, assault, and substance abuse while the child is in their care, and a requirement for the Mother to continue medical monitoring.

In relation to property, the court appointed Mr Peter Sheehy as trustee for the sale of the parties' real property. The net proceeds of sale were to be applied towards sale costs, and the balance was to be distributed according to a calculation of the parties' net property interests, which included the sale proceeds, motor vehicle, household contents, and adjustments for mortgage arrears and council rates, less joint debts. The Wife was to receive 60 per cent of the net sum, and the Father the balance. The Father was to indemnify the Mother against specific joint debts, and the Mother was to indemnify the Father against debts incurred in her name since separation. The Father was to retain his motor vehicle and household contents, and the Mother was to retain her motor vehicle and chattels. The court also made provisions for Mr Sheehy's acceptance of the appointment and for further applications if necessary.