Pander and Popa and Anor

This case involved applications by the mother, Ms Pander, and the father, Mr Popa, concerning parenting orders, property division, and spousal maintenance. The primary dispute revolved around the mother's proposal to relocate with the three children of the marriage to New South Wales, and the division of various assets and liabilities, including a loan from a third party. The matter was heard by Jones J.

The court was required to determine whether to grant the mother's application to relocate with the children, and if so, to make appropriate parenting orders that provided for the father's time and communication with them. Additionally, the court had to consider the property settlement, including the existence and repayment of a debt owed to a third party, and whether to make orders for spousal maintenance.

In relation to parenting, the court discharged previous orders and made new orders for equal shared parental responsibility, with the children to live with the mother. The mother was permitted to relocate with the children to New South Wales, and detailed provisions were made for the father's time with the children both before and after the relocation, including specific arrangements for travel, communication, and the involvement of grandparents. The court also made orders for the father to undertake parenting and alcohol counselling, and to refrain from consuming alcohol during his time with the children.

Regarding property, the court dismissed applications by a third party seeking repayment of alleged debts and a declaration of trust over a property. The mother's application for spousal maintenance was also dismissed. The court made orders for the division of funds held by the wife's solicitors, and for the husband to pay a sum to the wife. The former matrimonial home was to be transferred to the husband, subject to certain conditions and timelines, with provisions for the wife's occupation pending full payment. The parties were to retain their respective motor vehicles and were to be solely responsible for liabilities associated with their retained property and businesses.