RUSHBROOKE & BAUMANN

In this interim family law proceeding before McClelland J, the parties, a husband and wife, were in high conflict following the breakdown of a "nesting" arrangement where they had continued to live under the same roof with their three children. The eldest son had moved to live with his paternal grandparents due to a difficult relationship with his mother. The wife sought exclusive occupation of the former matrimonial home, lump sum spousal maintenance, and a partial property settlement, while the husband also sought exclusive occupation of the home.

The court was required to determine appropriate interim parenting orders for the three children, considering their best interests and the various section 60CC factors, including the assessment of risk in the high-conflict environment. Additionally, the court had to decide on interim property matters, specifically the exclusive occupation of the former matrimonial home, the husband's capacity to pay spousal maintenance, and whether an interim property settlement was warranted.

McClelland J reasoned that given the parenting orders made, it was appropriate for the wife to have exclusive occupation of the former matrimonial home. The court found the husband had the capacity to pay periodic spousal maintenance and that a partial property settlement could be accommodated at the final hearing, deeming such an order to be in the interests of justice. In relation to parenting, the court made orders for the eldest son to live with the husband and spend time with the wife, while the other two children were ordered to live with the wife and spend time with the husband, with specific arrangements detailed for the transition and holiday periods. An Independent Children's Lawyer was appointed to represent the children's interests.

The court ordered that pending further order, the wife was granted exclusive occupation of the former matrimonial home and the husband was restrained from entering it, save for child changeovers. The husband was ordered to continue paying all outgoings for the property, pay the wife $475 per week by way of periodic spousal maintenance, and pay the wife $250,000 by way of interim property settlement within 28 days. Parenting orders were made as detailed in the judgment, including the appointment of an Independent Children's Lawyer.