NEEDHAM & CASSIDY

In the Family Court of Australia, Judge Brewster considered orders sought by the father concerning the parties' children and property settlement. The father sought an order requiring the mother to return with the children from Victoria to New South Wales. The court also made orders regarding the division of the parties' property.

The primary legal issue before the court was whether it possessed the power to compel the mother to relocate the children from Victoria to New South Wales. Additionally, the court was required to determine appropriate parenting orders for the children and to make orders for the division of the parties' property.

Judge Brewster determined that the court did not have the power to make the order sought by the father requiring the mother to return the children to New South Wales. The court instead made orders for the children to live with the mother and to spend defined periods of time with the father, including provisions for travel and communication. The court also made orders for the division of property, including a payment from the father to the mother and the transfer of interests in specified properties, with alternative provisions for the sale of properties if the payment was not made.