Shah and Duras & Anor

In the Family Court of Australia, Rees J presided over proceedings involving the Applicant (wife), the Respondent (husband), and an Intervener. The dispute concerned parenting arrangements for the parties' two children and the division of a property held by the Intervener. The husband had not participated in the proceedings, leading to an undefended hearing for both parenting and property matters. The wife sought sole parental responsibility for the children and specific orders regarding the sale of the property, including a declaration of trust and the distribution of sale proceeds.

The court was required to determine the parenting arrangements for the children, considering the wife's role as primary carer and allegations of family violence by the husband. In relation to property, the court needed to address the ownership and sale of a property registered in the Intervener's name, which was purchased with funds from both the husband and wife. A key issue was a Deed of Trust signed by the Intervener, declaring the property was held solely for the husband, despite the parties' contributions and the wife's claim to the excess sale proceeds.

Rees J made orders that the children live with the wife and that she have sole parental responsibility, noting the husband's lack of contact with the children for two years and the impact of alleged family violence on parenting. Regarding the property, the court declared that the Intervener held the property as trustee for both the Applicant and Respondent, effectively setting aside the Deed of Trust. The court ordered the sale of the property, with specific directions for listing, auction, and the distribution of proceeds. After sale expenses and reimbursements, the Applicant was to receive an interim distribution, followed by legal fees, and then the net balance was to be held in trust pending tax assessments related to the sale, with the final balance to be paid to the Applicant.