MUNAYALLAN & SCOTT

In the Family Court of Australia, before Loughnan J, the wife sought orders for the division of property. The proceedings were complicated by separate litigation concerning one of the properties in the Supreme Court of New South Wales. The Court expressed reluctance to make substantive property orders before the outcome of the New South Wales proceedings, given the potential for no assets to remain for division. Consequently, no orders were made in relation to property at this stage.

The Court was also required to determine competing proposals regarding parental responsibility and time spent with each parent. While acknowledging a potential for cooperation between the parties, the Court determined that a family report was necessary to assist in resolving these issues. The family report was specifically directed to the wishes of the children, the question of family violence, parental responsibility, and an assessment of whether the current equal time arrangement adequately met the children's needs, along with other relevant matters under section 60CC of the *Family Law Act 1975* (Cth).

The Court ordered the preparation of a family report, noting the potential efficiency if a particular individual, Mr B, who had provided a memorandum, was available to prepare it. The father was ordered to provide any current or expired passports of the children to the registry manager within seven days. The Independent Children’s Lawyer was directed to restore the proceedings to the list for trial directions concerning the parenting matters as soon as practicable after the dates for interviews with the family report writer were known. Furthermore, any third parties whose rights or interests might be affected by the proceedings were to be served with the relevant process within 28 days. Leave was granted to any party to restore the proceedings to the list on seven days' notice.