Salde and Salde (No.2)

Case

[2019] FCCA 1573

1 April 2019


Details
AGLC Case Decision Date
Salde and Salde (No.2) [2019] FCCA 1573 [2019] FCCA 1573 1 April 2019

CaseChat Overview and Summary

In the matter of *Salde and Salde (No.2)*, heard before Judge Harman, the dispute concerned parenting arrangements for three children, [X], [Y], and [Z], and the division of property between the parents, Ms Salde and Mr Salde. The court was required to determine the future parental responsibility and living arrangements for the children, as well as the sale and distribution of proceeds from a property located at Street D, Town E.

The court was tasked with determining the legal issues surrounding the discharge of prior parenting orders and the establishment of new arrangements. This included deciding on sole parental responsibility for major decisions concerning [Y] and [Z], their living arrangements, and the extent of time they would spend with their father. Furthermore, the court needed to address the sale of the jointly owned property, including the process for agreeing on agents and prices, and the distribution of the net proceeds. The court also considered the need for family therapy to repair relationships and the allocation of costs associated with these proceedings and the children's welfare.

Judge Harman discharged all prior parenting orders concerning [X], [Y], and [Z], noting that no specific orders were made regarding [X]. Pending further orders, the mother, Ms Salde, was granted sole parental responsibility for major decisions concerning [Y] and [Z], who were to live with her. Time with their father, Mr Salde, was to be as agreed between the parents, with specific provisions for [Z] to spend time with her father via a supervised contact centre. Both parents were ordered to engage in family therapy with a therapist nominated by the Independent Children's Lawyer (ICL) to facilitate the repair of the children's relationships with their father, with costs to be shared. The court also made final orders regarding communication between the children and their father, supervision of contact with an adult brother, and ongoing parental obligations concerning address changes, notification of injury or illness, school involvement, and refraining from denigrating the other parent or discussing proceedings in the children's presence or on social media.

On a final basis, the court ordered the sale of the Town E property by private treaty, with detailed provisions for agreeing on an agent and price, or for their appointment by the Presidents of the relevant professional bodies if agreement was not reached. Mr Salde was to maintain the property pending sale. Upon completion, the net proceeds were to be distributed in a specific priority: discharge of the mortgage, adjustment and payment of rates, sale costs, a percentage to Ms Salde, a contribution to the cost of a report by Dr F, and the balance to Mr Salde. Each party was also to contribute to a joint account for therapy costs, with any remaining funds to be distributed equally after therapy completion. By consent, each party was to pay a contribution to the ICL's costs. The court declared each party the sole owner of assets in their possession or control. Provisions were made for a Deputy Registrar to sign documents if a party failed to do so, and financial issues were removed from the hearing list, with parenting proceedings adjourned for mention and directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Res Judicata

  • Standing

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Luxton v Vines [1952] HCA 19
Luxton v Vines [1952] HCA 19
Singer v Berghouse [1994] HCA 40