STOPFORD MALLOY & MALLOY

This matter came before Dawe J concerning an application for interim orders between Ms Stopford Malloy and Mr Malloy. The dispute involved various financial and custodial arrangements for the parties' child, C.

The court was required to determine the terms of interim spousal maintenance, the arrangements for the child's living arrangements and time with each parent, the division of certain property, and the prevention of the child's removal from Australia. Specific issues included the husband's obligation to pay interim spousal maintenance, the wife's rental expenses and bond, the husband's indemnification of the wife for these costs, and the husband's guarantee of rental payments. The court also considered an injunction to prevent the removal of a specific motor vehicle from the wife's possession and the husband's obligation to provide discovery. Furthermore, the court addressed the child's residence with the mother, the father's supervised time with the child, and specific conditions attached to that time, including restrictions on bathing, swimming, driving, and contact with the husband's mother. The court also had to order the husband to facilitate the wife's collection of personal belongings and household items.

By consent, the court made orders regarding interim spousal maintenance, including a weekly sum and an additional amount for rental expenses and bond, to be paid to the wife's solicitors. The husband was ordered to indemnify the wife for these rental costs and to guarantee her rental payments. An injunction was granted restraining the husband from removing a specified German motor vehicle from the wife's possession. The husband was ordered to provide discovery within 21 days. The child C was ordered to live with the mother, and the husband was granted supervised time with the child on specified days and times, subject to certain conditions, including the husband meeting the supervisor's costs and restrictions on bathing, swimming, and driving with the child unless properly restrained, and a prohibition on the child attending upon the husband's mother unless the wife agreed in writing. The husband was also ordered to provide the wife with access to collect specified personal belongings and household items from the Suburb E property within 28 days, with the husband to pay removalist expenses up to $1500. Crucially, both parties were restrained by injunction from removing the child C from Australia for two years, and the Australian Federal Police were requested to place the child on the Family Law Watchlist. The wife's costs of her application were reserved, and the application was otherwise dismissed. The matter was listed for further directions regarding a Family Assessment report. Special provisions were made for Christmas Day 2015, suspending the husband's usual time on 24 December and ordering supervised time with the child on Christmas Day itself.