PETROVIC & PETROVIC

In this matter before Foster J, the court considered final parenting and property adjustment proceedings between Ms Petrovic (the wife) and Mr Petrovic (the husband). The parenting dispute concerned the best interests of the parties' three children, given the father's history of significant family violence and criminal convictions related to family violence, the children's lack of contact with the father for some years, and the potential impact on the mother and children of any order for contact. The property dispute involved the division of the parties' assets, particularly the matrimonial home, which the husband had occupied since separation.

The court was required to determine the appropriate parenting orders, specifically whether the children should have any time with the father, considering the primary protective concerns for the children and the mother. In relation to property, the court needed to assess the applicable principles for property adjustment, including the parties' contributions and relevant section 75(2) factors, and to make orders for the sale of the matrimonial home and the division of the proceeds.

In its parenting orders, the court found that it was in the best interests of the children for the mother to have sole parental responsibility, for the children to live with the mother, and for the children to spend no time with the father. This decision was informed by the father's history of family violence and criminal conduct, and the need to protect the children and the mother. The court made orders restraining the father from approaching, contacting, or communicating with the children or the mother, and from coming within 200 metres of their homes or schools, with provisions for arrest without warrant upon reasonable belief of breach. In the property proceedings, the court assessed the parties' contributions as favouring the wife and ordered a further adjustment to reflect section 75(2) factors. The wife was appointed as Trustee for Sale of the matrimonial home, with directions to undertake necessary repairs as advised by the listing agent. The proceeds of sale were to be divided 60 per cent to the wife and the balance to the husband, after payment of sale expenses, liabilities, and contributions to the Independent Children's Lawyer's costs. The husband was ordered to maintain the property pending sale and to vacate it prior to settlement.