SABHARWAL & NAKUL

This matter concerned a dispute between Ms Sabharwal (the Applicant wife) and Mr Nakul (the Respondent husband) regarding their child, [X], and their financial affairs. The court was required to make orders concerning the child's name, parental responsibility, time spent with each parent, and international travel. Additionally, the proceedings addressed the division of financial assets, specifically a property and superannuation entitlements, and the costs associated with an independent children's lawyer.

The legal issues before the court included determining the appropriate orders for parental responsibility and time arrangements for the child, [X], including provisions for overseas travel. The court also had to resolve the division of property, specifically the former matrimonial home and the husband's superannuation. Furthermore, the court was tasked with determining the costs of the independent children's lawyer and addressing issues related to the disclosure of financial information.

The court made orders by consent regarding the child's name change to [X] Sabharwal-Nakul. It established that each parent would have shared responsibility for major decisions, with specific provisions for the child living with the mother during school terms and the mother having sole decision-making power regarding schooling. Time arrangements for the father were detailed, progressing from supervised contact to unsupervised alternate weekends. The court also issued injunctive orders restraining the father from communicating with the mother during changeovers and attending near her residence. Financial orders included the transfer of a property to the wife after the discharge of a mortgage, with the wife retaining the contents. The husband's superannuation was subject to a splittable payment order in favour of the wife. The husband was ordered to contribute to the costs of the independent children's lawyer.