Mitty & Mitty

In the matter of Mitty & Mitty, Loughnan JR considered disputes between the parties concerning interim parenting arrangements, interim spousal maintenance, and legal costs. The proceedings also involved the appointment of a single expert to report on matters relevant to the children's welfare.

The court was required to determine the terms of interim parenting orders, the quantum and duration of interim spousal maintenance, and the allocation of legal costs. Furthermore, the court needed to address the appointment of a single expert psychiatrist to report on specific issues under section 60CC of the Family Law Act 1975 (Cth), including the parents' capacity to meet the children's needs, their willingness to foster a relationship between the children and the other parent, and their demonstrated attitudes towards parenthood.

The court made orders by consent regarding the continuation of interim parenting orders, the payment of interim spousal maintenance by the husband to the wife, and the equal contribution by both parties to legal costs incurred in the proceedings. The parties were also ordered to attend a conciliation conference and to jointly appoint a single expert psychiatrist to report on the children's welfare matters. The court specified the process for selecting the expert, including the provision of names and agreement timelines, and addressed the initial payment of the expert's fees by the husband, with provision for reimbursement from property sale proceeds. Leave was granted for the parties to issue subpoenas and to restore the proceedings to the list if necessary.