WU & YANG

In the matter of WU & YANG, heard before Judge Scarlett, the Applicant Mother sought parenting orders and property settlement orders against the Respondent Father. The hearing proceeded undefended, with no appearance by the Respondent. The Applicant was granted leave to proceed ex parte.

The court was required to determine whether to make parenting orders concerning the child X, born in 2011, and to make orders for the settlement of the parties' property interests. Central to the parenting orders was the consideration of the child's best interests, including issues of family violence and the protection of the child from such violence. The property settlement involved the division of a property located at Property W in New South Wales and the payment of a sum of money.

In relation to parenting, the court found it appropriate to discharge all prior orders and make new orders granting the Applicant Mother sole parental responsibility for the child X, with the child to live with the Mother. No parenting orders were made in favour of the Respondent Father, reflecting the court's assessment of the child's best interests in the context of family violence. For property settlement, the court ordered the Respondent to transfer his interest in the Property W property to the Applicant, who was to assume all associated liabilities and refinance the mortgage. The Respondent was also ordered to pay the Applicant $150,000.00 within forty-two days, with interest accruing thereafter. The parties were otherwise to retain their respective real and personal property, chattels, and assets, with mutual indemnities for liabilities arising from retained property. The court also appointed a Registrar to execute necessary documents should either party default in complying with the orders.