Shaughnessy & Shaughnessy

The case of *Shaughnessy & Shaughnessy* involved applications concerning the children of the marriage and the sale of the former matrimonial home. The court was required to make orders regarding the time the children would spend with the Husband, the process for the sale of the property, and the distribution of sale proceeds. Additionally, the Wife sought interim spousal maintenance and child support, which were also before the court.

The primary legal issues before the court were the arrangements for the children's time with each parent, the practical steps and conditions for the sale of the matrimonial home, and the Wife's entitlement to interim spousal maintenance and child support. The court also had to consider the husband's existing indebtedness secured against the property and the provision of funds to facilitate the Wife and children's relocation.

LE Poer Trench J made detailed orders regarding the children's time with the Husband, specifying periods during school terms and weekends, and outlining the collection and return arrangements, including the involvement of a child carer. The court also ordered the immediate sale of the matrimonial home, specifying the agents and solicitors to be used, the marketing and auction process, the fixing of a reserve price, and the conditions for sale, including the possibility of private treaty negotiation. The proceeds of sale were to be applied first to discharge the Husband's line of credit, then legal costs and expenses, rates, and finally, an interim property settlement of 10% to each party, with the balance to be held in a controlled monies account pending further order. The Husband was restrained from increasing his liabilities secured against the property without the Wife's consent.

Further orders required the Husband to provide $20,000 to the Wife's solicitors to secure funds for the Wife and children's relocation, with the sale of the home contingent on this deposit. The Wife was permitted to draw from these funds for specific relocation expenses, subject to certain conditions. The Wife was ordered to vacate the property prior to settlement. The Wife's application for interim spousal maintenance was dismissed, and her application for interim child support departure was adjourned. The Wife was granted liberty to re-list the matter once the sale of the home was imminent. The orders incorporated a Fact Sheet detailing obligations and consequences of contravention.