VANDERBERG & VANDERBERG

In the matter of *Vanderberg & Vanderberg*, Benjamin J of the Family Court of Australia considered parenting, spousal maintenance, and property settlement disputes between the parties. The primary dispute concerned the living arrangements and parental responsibility for the child, who had primarily lived in Papua New Guinea with the father following the parents' separation. The mother sought spousal maintenance and property orders, while the father objected to litigating the property settlement in Australia on the grounds of *forum non conveniens*.

The court was required to determine the best interests of the child in relation to her living arrangements and parental responsibility, and whether Australia was the appropriate forum for the property settlement proceedings. Additionally, the court considered the mother's application for spousal maintenance.

Regarding parenting, the court ordered that the child live with the father and that the father have sole parental responsibility for major long-term issues, while still requiring him to consult with and consider the mother's views. The father was also ordered to facilitate regular time and communication between the child and the mother, with detailed provisions for contact and travel arrangements. The mother's application for spousal maintenance was dismissed. In relation to property, the court stayed the mother's application for property orders under s 79 of the *Family Law Act 1975*, subject to the parties providing expert evidence on Papua New Guinean law regarding jurisdiction and enforcement of foreign judgments. If such evidence was not provided by a specified date, the stay would become permanent.