Sair and Sair

In the matter of Sair and Sair, Cronin J made orders concerning the welfare of two children and the preservation of marital assets. The proceedings involved applications by the wife, with the husband's involvement or response being a key consideration, particularly in relation to the children's residence and the management of various properties and corporate entities.

The court was required to determine several critical issues, including the interim living arrangements for the children, D and M, and to prevent the husband from encumbering specific real properties. Furthermore, the court needed to address the potential removal of the children from Australia and the alteration of corporate structures within U Pty Ltd. The court also considered the management and withdrawal of funds from various bank accounts held by the husband, wife, and a trust associated with U Pty Ltd.

Cronin J applied principles relating to the paramountcy of the children's welfare in making orders for them to live with the wife until further order, and to prevent their removal from Australia by placing their names on the Airport Watch List. The court also made orders restraining the husband from encumbering properties and from altering the corporate structure of U Pty Ltd, and from withdrawing funds from specified bank accounts, to preserve assets pending further determination. These orders were made with liberty to apply on short notice and included provisions for substituted service on the husband.