Pung and Dinh (No 2)

This case involved an application by the mother (Applicant) against the father (Respondent) in the Family Court of Australia. The dispute concerned parenting arrangements for the parties' four children and the division of their matrimonial property. The proceedings were undefended, as the father had left Australia and disengaged from the legal process.

The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and time spent with the father. Additionally, the court had to consider the division of property, particularly in light of the father having taken approximately AUD$5 million out of the country and retained it, despite a court order for its return. The mother sought to retain all property within the Australian jurisdiction, which represented a significantly smaller portion of the total matrimonial pool.

Forrest J found that the orders sought by the mother were in the best interests of the children. The court ordered that the children live with the mother and that she have sole parental responsibility for major long-term decisions, including those concerning their relocation outside Australia and their immigration status. The father was to have responsibility for day-to-day decisions during his periods of care, and the children were to spend time with him as agreed, or as ordered by the court. Regarding property, the court ordered that the mother retain all property within the Australian jurisdiction, including the proceeds from the sale of a property in Suburb D, various vehicles, and bank accounts in her sole or joint names. The father was also ordered to pay spousal maintenance of $1,000 per week for three years and child maintenance of $1,000 per week per child. The father was further ordered to pay the mother's costs fixed at $10,000.