WENZLER & WENZLER

This matter concerned parenting and property proceedings between a husband and wife, heard as an undefended final hearing before Judge Morley. The wife was the applicant and the husband the respondent. The proceedings arose in circumstances where the husband had been convicted of assault against the wife, and the wife was a protected person under an apprehended domestic violence order. The husband had withdrawn from active parenting, and the wife sought sole parental responsibility and a just and equitable adjustment of the parties' property interests.

The court was required to determine the appropriate parenting orders, specifically regarding parental responsibility and the children's residence, and whether to permit the mother to travel internationally with the children and have their passports renewed without the father's consent. Additionally, the court had to determine the division of the parties' property, considering the wife's role as the major contributor to the marriage, the husband's actions that prevented maximum rental income from a leased property, and the wife's significant future needs as the sole carer of the children.

In relation to parenting, the court granted the mother sole parental responsibility for the children and ordered that the children live with her. The court also permitted the mother to travel with the children outside of Australia and authorised the Minister to issue or renew their Australian passports without the father's consent, pursuant to the relevant provisions of the *Family Law Act 1975* (Cth) and the *Australian Passports Act 2005* (Cth). For property, the court ordered the husband to transfer his interest in the parties' jointly owned property to the wife. The wife was then to discharge the mortgage on the property, or alternatively, list it for sale with the wife appointed as trustee. The proceeds of sale were to be applied first to discharge the mortgage and sale costs, then to outstanding rates and service accounts, with any remaining proceeds to be paid to the wife. Each party was declared the sole owner of their respective superannuation entitlements and all other property not specifically dealt with in the orders. The court also made orders regarding an unregistered motor vehicle and provided mechanisms for compliance with the property transfer orders, including the appointment of the Registrars of the Federal Circuit Court to execute documents on the husband's behalf in the event of his default. The court also made specific orders regarding substituted service of the divorce application.