FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Sabet & Abdoo [2024] FedCFamC2F 1562
File number(s): PAC 6761 of 2021 Judgment of: JUDGE NEWBRUN Date of judgment: 7 November 2024 Catchwords: FAMILY LAW – PARENTING – Orders made in the best interests of the children.
FAMILY LAW – PROPERTY – Just and equitable property adjustment orders made.
Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61D, 75, 79 Cases cited: Lotta & Lotta [2017] FamCA 50 Division: Division 2 Family Law Number of paragraphs: 298 Date of hearing: 14 – 18 October 2024 Place: Parramatta Counsel for the Applicant: Mr Finch Solicitor for the Applicant: Pannu Lawyers Counsel for the Respondent: Ms Mahony Solicitor for the Respondent: A Plus Legal Solicitor for the Independent Children's Lawyer: Legal Aid NSW
Table of Corrections 12 December 2024 In paragraph 280, the reference to “42 per cent” has been corrected to “42.5 per cent”. ORDERS
PAC 6761 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS SABET
Applicant
AND: MR ABDOO
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
7 NOVEMBER 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
Parenting
1.The mother shall do all things to facilitate any request from X born in 2009 and Y born in 2011 (“the children”) (or either of them) to spend time or communicate with the father including facilitating any practical arrangements to enable that time or communication to occur.
2.Each parent is restrained and injuncted from denigrating the other parent or any member of the other parent’s family in the presence or hearing of the children and shall use their best endeavours to ensure that no third party or any other member of that parent’s family denigrates the other parent or any member of the other parent’s family in the presence or hearing of the children.
3.Each parent is restrained and injuncted from using any form of physical discipline or physical chastisement on the children.
4.In the absence of agreement between the parties, the children shall continue to attend B School and the parents shall be jointly responsible for any fees associated with the children’s attendance at that school.
5.These Orders shall constitute authority for each of the parents to communicate with and attend any meetings at the children’s school and to obtain updates and school reports directly from the school in relation to the children’s progress.
6.These Orders shall constitute authority for each of the parents to communicate with any health provider involved in providing care or treatment to either of the children and each parent shall be entitled to obtain information and updates from any health practitioner involved in the children’s care or treatment.
7.The mother shall notify the father forthwith of the names and contact details of any medical or health practitioner (including any mental health treatment provider) with whom the children are engaged and shall notify the father of any proposal to engage the children with a new medical…
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- Sabet & Abdoo [2024] FedCFamC2F 1562
- Case
- [2024] FedCFamC2F 1562
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CaseChat Overview and Summary
The court's reasoning focused on ensuring the children's well-being and fostering a cooperative co-parenting relationship. Orders were made to facilitate the children's time and communication with both parents, prohibit the use of physical discipline, and ensure that neither parent would denigrate the other in front of the children. The court also mandated that the children continue attending their current school and that both parents share the associated costs. Additionally, the court addressed the equitable distribution of property, including the division of funds from the sale of jointly owned properties and the allocation of personal assets to each party. The court considered the financial contributions and needs of both parties in making its decisions.
The final orders included detailed provisions for parenting arrangements, such as communication, schooling, and health care for the children, as well as specific directives for the division and management of property. Both parents were required to complete certain parenting courses and financial counselling. The court also addressed the payment of legal costs and the continuation of family therapy sessions. The orders ensure that both parents contribute to the children's upbringing in a supportive and respectful environment, while also addressing the financial implications of the separation.
Orders
Orders of the court
PAC 6761 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS SABET
Applicant
AND:
MR ABDOO
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
7 NOVEMBER 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
Parenting
1. The mother shall do all things to facilitate any request from X born in 2009 and Y born in 2011 (“the children”) (or either of them) to spend time or communicate with the father including facilitating any practical arrangements to enable that time or communication to occur.
2. Each parent is restrained and injuncted from denigrating the other parent or any member of the other parent’s family in the presence or hearing of the children and shall use their best endeavours to ensure that no third party or any other member of that parent’s family denigrates the other parent or any member of the other parent’s family in the presence or hearing of the children.
3. Each parent is restrained and injuncted from using any form of physical discipline or physical chastisement on the children.
4. In the absence of agreement between the parties, the children shall continue to attend B School and the parents shall be jointly responsible for any fees associated with the children’s attendance at that school.
5. These Orders shall constitute authority for each of the parents to communicate with and attend any meetings at the children’s school and to obtain updates and school reports directly from the school in relation to the children’s progress.
6. These Orders shall constitute authority for each of the parents to communicate with any health provider involved in providing care or treatment to either of the children and each parent shall be entitled to obtain information and updates from any health practitioner involved in the children’s care or treatment.
7. The mother shall notify the father forthwith of the names and contact details of any medical or health practitioner (including any mental health treatment provider) with whom the children are engaged and shall notify the father of any proposal to engage the children with a new medical or health practitioner no less than seven days prior to the children attending upon that practitioner.
8. Each parent shall notify the other parent as soon as is reasonably practicable of any serious medical incident or hospitalisation of the children and shall provide the other parent with the name of the hospital and the name of the treating doctor at the time such notification is given.
9. The parties shall resume their attendance upon Ms D of C Centre for the purposes of family therapy and shall facilitate the children’s attendance at this therapy until such time as Ms D confirms in writing that their attendance is no longer beneficial.
10. To facilitate Order 9 above, each of the parents shall make contact with C Centre within seven days of the date of these Orders.
11. The parents shall share equally in the costs of the fees payable to C Centre, subject to any Medicare or private health insurance rebate.
12. Each parent shall complete the following courses within 12 months of the date of these Orders:
(a) A Parenting After Separation course of no less than six hours’ duration;
(b) Tuning Into Teens.
13. The mother shall within 28 days enrol in and commence financial counselling.
14. Leave is granted to the Independent Children’s Lawyer to provide a copy of these Orders and a copy of the Court’s Reasons for Judgment to Ms D, the family therapist.
15. By consent, subject to any waiver granted by Legal Aid NSW and otherwise within three months of the date of these Orders, the father pay the Independent Children’s Lawyer’s costs in the amount of $8,291.59.
16. By consent, subject to any waiver granted by Legal Aid NSW and otherwise within three months of the date of these Orders, the mother pay the Independent Children’s Lawyer’s costs in the amount of $12,581.59.
17. All outstanding parenting applications are otherwise dismissed.
Property
18. The funds held in the trust account of E Law Firm from the net proceeds of sale of the Suburb F property be paid in equal shares to the parties and the parties shall within seven days provide all necessary authority as to cause the funds to be distributed in compliance with this order.
19. Upon completion of the foreclosure sale of the property known as and situate at G Street, Suburb H (“the property”) the proceeds of the said sale shall be disbursed in the following manner and priority:
(a) in discharge of the mortgages and loan accounts encumbering the property including the judgment debt in favour of the Commonwealth Bank of Australia (the judgment creditor);
(b) payment of the judgment debt against the husband in favour of Ms J in the sum of $582,728;
(c) payment of the husband’s outstanding loan debt to Mr K in the sum of $72,000;
(d) payment to the wife’s father Mr L of the sum of $19,475;
(e) the balance divided between the husband and the wife so that, taking into account net $248,980 retained by the husband (in assets unrelated to the property) and $61,501 retained by the wife (in assets unrelated to the property), there be a distribution of the net total assets of 50 per cent to the husband and 50 per cent to the wife.
20. The parties shall pending the sale and in compliance with any direction from the judgment creditor:
(a) Maintain the property in a clean state and reasonable state of maintenance at all times;
(b) Vacate the property and remain vacated one hour prior to and two hours after any nominated inspection date and time;
(c) Vacate the property and remain vacated as directed;
(d) Remove all of their belongings and effects from the property at the time that they vacate in accordance with Order 20(c) herein.
21. The husband shall be and is hereby declared to be the sole and absolute owner at law and in equity as against the wife:
(a) Any motor vehicle in his possession;
(b) All items of furniture and contents in his possession;
(c) All savings or monies in his possession, custody or control, other than stated above;
(d) His business assets;
(e) His contributions and accumulated entitlements with respect to or arising from his membership of any superannuation fund, other than stated above; and
(f) His employment related entitlements including but not limited to annual leave, sick leave and long service leave.
22. The wife shall be and is hereby declared to be the sole and absolute owner at law and in equity as against the husband:
(a) Any motor vehicle in her possession;
(b) All items of furniture and contents in her possession;
(c) All savings or monies in her possession, custody or control, other than stated above;
(d) Her contributions and accumulated entitlements with respect to or arising from her membership of any superannuation fund, other than stated above; and
(e) Her employment related entitlements including but not limited to annual leave, sick leave and long service leave.
23. In the event that either party refuses or neglects to execute any deed, document or instrument necessary to give effect to these orders, the Registrar of the Court be appointed pursuant to section 106A of the Family Law Act 1975 (Cth) to execute such deed, document or instrument in the name of the said party and do all acts and things necessary to give validity an operation to the deed, document or instrument, upon the Registrar being provided with verification of such refusal or failure by way of affidavit.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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