Vannielle & Zander

This matter concerned applications by the mother for orders relating to the children and property settlement, heard by Dawe J. The father's non-compliance with previous orders and late attendance at the hearing led to the matter proceeding on an undefended basis for the children's issues, though he was permitted to make submissions. The dispute involved determining parental responsibility, overseas travel, change of name, living arrangements, and the division of property following the breakdown of a de facto relationship.

The court was required to consider whether to rebut the presumption of equal shared parental responsibility, and if so, to determine the appropriate sole parental responsibility. It also needed to decide on the mother's application to travel overseas with the children and to change their surnames without the father's consent. Further issues included whether a six-year-old child should be permitted a mobile telephone and the terms of the children's time with and communication with the father. In relation to property settlement, the court had to assess the contributions of both parties to their assets and liabilities and determine what orders would be just and equitable.

Dawe J found that the presumption of equal shared parental responsibility was rebutted, granting the mother sole parental responsibility. The court permitted the mother to travel overseas with the children, subject to specific notification requirements to the father, and allowed the children to adopt the mother's surname, finding it beneficial for them to share the same surname as each other and their mother. An order for the six-year-old child to have a mobile telephone was deemed inappropriate, and the children were ordered to live with the mother, spending time and communicating with the father as agreed by the parties. Regarding property, the court found the mother had made significant financial and non-financial contributions.

The court ordered the sale of the parties' property, with proceeds to be applied first to the mortgage, rates, and sale costs, then to a loan owed to the mother's mother, followed by a distribution of 70 per cent to the mother and 30 per cent to the father. The father was to retain specific motor vehicles and his business, while the mother was to receive a sum of $5,300. Each party was to retain other property in their possession and indemnify the other against associated liabilities.