TRASK& SCRIVEN

This matter concerned parenting and property proceedings before Judge Newbrun. The applicant mother sought orders regarding the children, [X] and [Y], and the division of property. The proceedings were heard as an undefended hearing.

The court was required to determine the parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of the respondent father's time with the children. Additionally, the court needed to make orders for the sale of a property located at B Street, Town C, and the distribution of the sale proceeds.

In relation to parenting, the court made orders for the applicant mother to have sole parental responsibility and for the children to live with her. The respondent father was granted supervised time with the children, contingent on providing four consecutive negative drug screening tests. The orders also detailed a staged progression of unsupervised time with the children, subject to ongoing drug testing and adherence to specific conditions, including restrictions on driving the children and prohibitions on alcohol and illicit substance use. The court also made orders concerning special occasions, communication, changeovers, and the respondent father's participation in an anger management course. The court also permitted the applicant mother to travel with the children out of the Commonwealth of Australia.

Regarding property, the court ordered the sale of the Town C property by auction, with detailed provisions for listing, reserve price, and the distribution of proceeds. After payment of sale costs, encumbrances, and rates, a sum of $48,000 was to be paid to the paternal grandfather, followed by 75% of the remaining proceeds plus $69,209 to the applicant mother, with the balance to the respondent father. Each party was to retain personal property in their possession, and they were to indemnify each other against liabilities and release each other from debts, except as otherwise provided. The court also included provisions for the Registrar to execute documents if a party refused to do so and granted liberty to apply. A specific provision was made for the respondent father to apply to set aside the orders within 14 days of notification.