Narkis and Narkis and Anor (No. 2)

In the matter of *Narkis and Narkis and Anor (No. 2)*, Cronin J of the Family Court of Australia considered applications relating to parenting and financial matters between the Wife and the Husband. The proceedings also involved the potential joinder of Mr HH Narkis as trustee of the Ms JK & Mr Narkis Family Trust.

The court was required to determine several legal issues. In relation to parenting, the court needed to address the Wife's assertion that the Husband should not be provided with the child's residential address and to gather details of the child's living arrangements. The court also considered the separate representation of the child, E, pursuant to section 68L(2) of the *Family Law Act 1975* (Cth), and the potential intervention of the Department of Health and Human Services under section 91B of the same Act. Financially, the court was tasked with allocating responsibility for outstanding expenses related to a property at M Street, Suburb N, and arranging for inspections of properties at M Street, Suburb N, and Q Street, Suburb R, to assess necessary repairs. Procedurally, the court had to consider the Wife's application to join Mr HH Narkis as trustee of the Family Trust as a party, the basis of any relief sought against the Trust, and whether the court's power under section 79 of the *Family Law Act 1975* had been exhausted by previous final orders.

Cronin J made orders addressing these matters. The Wife was directed to file an affidavit detailing her objections to the disclosure of the child's address and the child's living arrangements. The court ordered that the child E be separately represented by an Independent Children's Lawyer and invited the Department of Health and Human Services to intervene. Regarding financial matters, the Wife was ordered to pay specific outstanding expenses for the M Street property and to facilitate inspections of both the M Street and Q Street properties, with differing cost allocations for each. Procedurally, the Wife was required to file an amended initiating application seeking to join the Family Trust and provide submissions on the exhaustion of section 79 powers and the joinder of the trustee. Directions were given for the Husband and the Family Trust trustee to file responses, and the matter was listed for mention to address the joinder, section 79 power, and further directions. The costs of the parties and Mr HH Narkis were reserved, with liberty to apply. A notation indicated an agreement for 45 per cent of the proceeds of sale of the Suburb T property to be held on trust pending determination of the proceedings.