Viller and Lucey

In the matter of Viller and Lucey, Mullane J of the Family Court of Australia made orders concerning the parenting arrangements for a child and the division of property between the parties. The dispute involved the primary residence of the child and the disposition of a property.

The court was required to determine the primary residence of the child, the extent of time the child would spend with the other parent, and how the parties' jointly owned property should be dealt with, including its sale and the distribution of the proceeds. The court also considered the appointment of an attorney to facilitate the sale of the property.

Mullane J ordered that the child, a daughter born in March 1994, was to live with the father and spend reasonable time with the mother as agreed. The father was granted exclusive occupancy of the property until its sale, and the mother was ordered to take all necessary steps to provide vacant possession and facilitate the sale. The proceeds of sale were to be applied first to sale expenses, rate adjustments, and the discharge of a mortgage, followed by specific payments to the father's personal loan and store account. The remaining balance was to be divided with 20% to the mother and the remainder to the father. The father was appointed attorney for the mother to implement the property sale orders. Otherwise, each party was declared to have no interest in the other's property, and the father's application of 15 January 2007 was dismissed.