MOYNE & ASHBY

This matter concerned competing parenting and property applications between the parties, Moyne and Ashby. The primary dispute in the parenting proceedings involved the mother’s request for orders preventing any direct time between the father and their two children, who have special needs, due to allegations of unacceptable risk and family violence. Conversely, the father sought live-with orders for the children. In the property proceedings, the husband disputed the existence of a de facto relationship, and the court was also required to consider contributions, the factors under s 90SF of the relevant Act, spousal maintenance, and child support departure.

The court was required to determine several key legal issues. Firstly, in relation to parenting, the court had to assess whether there was an unacceptable risk posed by the father to the children, and consequently, whether interim orders for supervised time were appropriate. Secondly, the court needed to determine whether a de facto relationship existed between the parties for the purposes of property settlement. If a de facto relationship was found to exist, the court would then need to assess the parties' contributions and apply the relevant factors under s 90SF of the Act to determine the division of property, as well as consider claims for spousal maintenance and child support departure.

The court's reasoning and application of legal principles would have involved a detailed examination of the evidence presented regarding the allegations of family violence and unacceptable risk to the children, applying the relevant legislative tests for interim parenting orders and the best interests of the children. In the property proceedings, the court would have analysed the evidence to establish the duration and nature of the relationship to determine if it met the criteria for a de facto relationship. If established, the court would have undertaken a detailed assessment of financial and non-financial contributions, considered the future needs of the parties and children, and applied the statutory factors under s 90SF to achieve a just and equitable outcome. The court would also have considered the principles governing spousal maintenance and child support departure applications.