Smith and Smith

In the matter of Smith and Smith, Strickland J of the Family Court of Australia considered a dispute between the husband and wife concerning children's issues, property settlement, and child support. The proceedings involved an application by the husband, which was subsequently dismissed, and a range of orders were made to facilitate the resolution of the outstanding matters.

The court was required to determine how best to address the refusal of the child, T, to spend time with her father, and to manage the complex financial and property division aspects of the case. This included the valuation of a company, S Pty Ltd, and a specific vehicle, as well as the presentation of evidence from various parties, including the parties themselves and their respective witnesses.

Strickland J directed the parties to attend a conference with a family consultant to discuss the child's refusal to see her father, pursuant to section 11F of the Family Law Act. The court also ordered the wife to file minutes of proposed final orders, and appointed an accountant to provide an updated valuation of S Pty Ltd, utilising a previous valuation and financial statements. A single expert was appointed to value a specific vehicle. The court set strict timelines for the filing and service of affidavits of evidence in chief by both parties and their witnesses, with specific limitations placed on the scope of certain affidavits, including those concerning the husband's mother, allegations of alcohol consumption by the wife, and the recording of motor vehicles in the company's books. Leave was granted to the wife to issue a subpoena for motor vehicle registration documents. The trial was adjourned part-heard to resume on a later date.