Telford and Telford (No 2)

The parties to this matter were the Applicant Father and the Respondent Mother, who sought final consent orders concerning their child and their property interests. The proceedings were before Macmillan J in the Family Court of Australia.

The court was required to determine the terms of final consent orders regarding parental responsibility, living arrangements, and time spent between the child and each parent. Additionally, the court needed to make orders concerning the division of property, including a residential property and a motor vehicle, and the discharge of previous financial orders.

The court made orders by consent, establishing equal shared parental responsibility for the child, with the child to live with the Mother. Specific arrangements for the Father's time with the child were detailed, including provisions for school holidays and birthdays, along with communication protocols and the use of a communication journal. The orders also included prohibitions against denigration, physical discipline, and involving the child in disputes, as well as requirements regarding alcohol consumption. In relation to property, the court ordered the discharge of previous financial orders and the transfer of the parties' interest in a residential property to the Wife, subject to her refinancing a mortgage. If refinancing was not possible by a specified date, the property was to be sold, with detailed provisions for listing, sale by private treaty or auction, and the distribution of proceeds. The Wife was to assume sole responsibility for a motor vehicle loan, with an alternative provision for the transfer of the vehicle to the Husband if she could not settle the loan. The parties were to retain their respective superannuation entitlements and all other non-real property, with joint bank accounts to be divided equally. Each party was to be solely liable for liabilities encumbering property they received, and any joint tenancies were severed.