FAMILY LAW – Interim hearing – children.

FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas – Objections to subpoenas – Subpoena for production of trust taxation returns and financial statements – Subpoena for credit and loan applications, correspondence, supporting documentation and bank statements in respect of mortgage secured over former matrimonial home – Objection on the basis of lack of apparent relevance, ulterior and/or improper purpose, abuse of process, oppression and/or fishing – Where both parties seek alteration of interests in property – Trusts controlled by wife’s family members – Where wife is eligible object of trusts – Where no expert evidence that wife’s right to due consideration and administration is actually capable of valuation and if so how – Where no expert evidence of what documents would be required to undertake such a valuation – Where husband does not seek to increase the pool of assets available for division by any value ascribed to the wife’s equitable choses in action – Where no apparent relevance of documents established – Where little difference whether by reason of the trusts the wife has property or financial resources for the purposes of s 79(5)(c) – Where no contributions by the husband or the wife to the trusts are alleged – Consideration of s 95 of the Family Law Act 1975 (Cth) – Consideration of the proportionality of the course proposed by the husband in the circumstances of the case – Notices of Objection upheld in part – Subpoenas struck out in part.

FAMILY LAW – COSTS – Written submissions – Application for indemnity costs when matter has settled by consent on the first day of trial – Where the Second and Third Respondents seek costs against the Applicant – Where the Applicant’s claims are alleged to be flawed and lack merit – Consideration of s 117(2A) factors – Where the Applicant’s conduct justifies a costs order being made on an indemnity basis as assessed.

FAMILY LAW – URGENT EX PARTE APPLICATION – recovery and airport watchlist order for application filed personally by the father and not by the father’s solicitors – father contending child is at risk – father’s time with the child suspended pursuant to interim orders – no grounds exist for the making of a recovery order or airport watchlist order – application dismissed.

FAMILY LAW – INJUNCTION –Where interlocutory orders were previously made for the wife to be sole trustee for the sale of a property – Where the husband thereafter lodged a caveat over the relevant property – Where the wife seeks orders to facilitate the sale of the property being carried out without further intervention from the husband – Injunction granted restraining the husband from lodging any further documents on the title of the said property.

FAMILY LAW – HARMFUL PROCEEDINGS – Where a harmful proceedings order was previously made directed to the husband – Where the husband seeks to pursue further interlocutory parenting and property orders – Where the husband was not given leave to pursue further orders.

FAMILY LAW – INTERIM HEARING – Parenting – Where authorities in relation to the assessment of risk at an interim stage considered – Where both parents make allegations of family violence against the other – Where only limited findings can be made – Where allegations of coercive control against the Father are untested – Where the Single Expert has expressed strong but untested views as to the risk posed by the Father – Where interim orders made for the children to spend no time with the Father – Where orders made for the Mother to complete parenting courses – Where orders made for the Father to enrol in and complete a men’s behaviour change program – Where certain restraints made against the Mother only in circumstances where the Father will not be spending time with the children – Where orders made enabling the Mother to travel internationally with the children.

FAMILY LAW – FAMILY LAW – Application to discharge Independent Children’s Lawyer – Application dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – Application for adjournment of final hearing – Where the parties have been involved in protracted litigation in respect of the care arrangements for their children over many years – Where the children currently live with the father and spend supervised time with the mother – Where the mother seeks the adjournment of the final hearing in circumstances where she asserts that her two treating psychiatrists are unavailable on the currently listed final hearing dates – Where the mother’s evidence suffers from several deficiencies and does not particularise any exchange that would establish the foundation for her assertion – Where the mother raises a number of alleged concerns with respect to the current care arrangements but her application is not consistent with the timely investigation and resolution of those serious contentions of risk – Application dismissed – The best interests of the children, the interests of justice and procedural fairness, and the proper use of court resources, weigh heavily against any further delay in these proceedings reaching resolution.

FAMILY LAW – PARENTING – RELOCATION – Application to vary/discharge in part previous parenting orders made in 2022 for the mother to have sole parental responsibility for the children, for the children to live with the mother, for one child to spend time and communicate with the father in accordance with her wishes and for the other child to spend defined time with the father – Where the mother seeks to relocate the children with her to the United Arab Emirates – Where the mother proposes that the children live with the parties’ adult daughter and their maternal uncle if not permitted to relocate with her – Where the father opposes relocation of the children but does not seek orders that they live with him in the event the mother relocates – Where the father seeks to restrain the mother herself from relocating – Where the children have not spent time with the father since 2023 – Views expressed by the children considered – Findings as to the father’s credit – Findings of family violence perpetrated by the father against the mother – Findings of neglect of the youngest child by the father while in his care – Finding of no significant change of circumstances to warrant reconsideration of order for sole parental responsibility – Finding that it is not in the children’s best interests to be separated from their mother – Order made permitting the mother to relocate the children with her – Previous orders relating to spend-time arrangements between the youngest child and the father discharged – Order for youngest child to communicate with the father once per calendar month via electronic communication.

INJUNCTIONS – Application for a mandatory injunction in relation to Islamic divorce – Application instituted in breach of s 50 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – Application deemed to be transferred to the Federal Circuit and Family Court of Australia (Division 2) – Consideration of Gwiazda v Ber (Unreported, Family Court of Australia, 23 February 1983).

PROPERTY – Application for orders in relation to property not the subject of previous s 79 orders made in 2022 – No application pursuant to s 79A – Application not pursued – Application dismissed.

FAMILY LAW – ADOPTION – Where the child’s biological father is deceased – Leave granted to the Applicant stepfather to make an application pursuant to the Adoption Act 2009 (Qld).

FAMILY LAW – INJUNCTIONS – where final orders made in August 2024 provide for payment to the wife and sale of properties in default of payment – where the first and second respondent were jointly and severally liable for payment – where there was default under the final property orders – where the wife sought to enliven default provisions to effect the sale of properties – where the wife sought to restrain the first and second respondent from interfering with the sale of properties pursuant to the default provision – where the first and second respondent contended that there were no grounds to support the grant of an injunction – injunctive relief granted.

FAMILY LAW – PARENTING – Consolidation of two proceedings where the applicant is the father of three children - whether the father poses an unacceptable risk of psychological, emotional, and sexual harm to the children – whether the first respondent poses an unacceptable risk of harm to X –Allegations of conspiracy between the two respondents – Allegations of inappropriate discipline by the first respondent – Departmental involvement – whether long term supervision is in the best interests of the two younger children – X placed in the care of her mother with no time between the child and her father, contrary to the position of the DFFH – two younger children to live with their mother and spend no time with the father – not in the children’s best interests for long term supervision.

FAMILY LAW – PROPERTY – Where wife alleges serious non-disclosure and concealment of digital assets including cryptocurrency by husband – Ex parte application for search order, freezing order and order appointing a receiver of the digital assets.

FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – PRIVATE INTERNATIONAL LAW – a property adjustment proceeding on foot in this court and a property adjustment proceeding on foot in Singapore between the same parties concerning the same subject matter – the proceeding in this court commenced earlier in time – divorce not yet granted, whether in Australia or in Singapore – consideration of the matrix of criteria to be addressed as espoused in Henry v Henry (1996) 185 CLR 571.

STAY APPLICATION – whether the Australian proceeding should be stayed.

ANTI SUIT INJUNCTION – parties agreeing that the determination of the anti-suit injunction will largely be addressed by the considerations associated with the stay application. Held, Australia is the clearly inappropriate forum – this proceeding stayed.

FAMILY LAW – PRACTICE AND PROCEDURE – Appointment of expert witness other than a single expert witness – Where father sought to adduce evidence from an expert witness under r 7.10 – Where mother opposed application – Consideration of factors in r 7.11 – Application dismissed.

FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – DISCOVERY – wife seeking disclosure from the second to sixth respondents – the disclosure sought was highly invasive – disclosure sought was unduly wide, imprecise, unparticularised and irrelevant – held, the application in a proceeding for discovery is dismissed.

FAMILY LAW – COSTS – Where substantive proceedings involved an application to set aside property orders made by consent – Where that application was dismissed after a “threshold hearing” – Where that application was thoroughly unmeritorious – Where respondent to that application now seeks costs – Where respondent to that application gave false evidence –Where applicant for costs is in receipt of legal aid – Where caveat lodged by NSW Legal Aid over property of applicant for costs – Where any costs awarded will be paid to NSW Legal Aid – Where respondent to costs application has modest financial circumstances – Where s 117 of the Family Law Act 1975 (Cth) considered – Application dismissed.

FAMILY LAW – PARENTING – CRITICAL INCIDENT LIST – Where an application is brought by the paternal uncle – Where both the mother and father have passed away – Where the maternal and paternal family support final orders being made in the applicant’s favour – Where the Department and Police hold no child protection concerns about the children residing with the applicant – Where it is in the children’s best interest for final orders to be made as expeditiously as their best interests allow – Final Orders made.

FAMILY LAW – PARENTING – two interim applications brought by the respondent mother seeking various orders including an adjournment of the final hearing – final hearing adjourned – where the balance of the two applications (filed 9 July and 23 July 2025) shall be decided by the Court on the receipt of written submissions.

FAMILY LAW – PARENTING – Assessment of risk – Parental capacity – Orders made for the child to live with the Mother and spend time with the Father – Orders made for the Mother to have sole parental responsibility.

FAMILY LAW – COSTS – wife’s application for costs –costs hearing adjourned to appoint a s102NA lawyer for the husband – costs reserved.

FAMILY LAW – PARENTING – Application for final parenting orders – Where each parent seeks that the child live with them and spend substantial time with the other parent – Where the Independent Children’s Lawyer proposed that the child live with the mother – Where the child has lived with the mother since separation – Where the Court Child Expert recommended against any change of residence – Where the father lacks the insight to realise how reversal of the child’s residence could adversely influence his short and long term mental health and wellbeing – Where the parties disputed a change to the child’s name – Ordered the mother’s surname will be used as the child’s middle name – Ordered the child live with the mother – Ordered the parties retain parental responsibility – Ordered the mother have sole decision-making responsibility for all major long-term issues – Ordered the child spend regular and consistent time with the father.

FAMILY LAW – PRACTICE AND PROCEDURE – Application – Contravention – Where the applicant sought to enliven 144 counts of contravention against the fourth respondent – Where there are no extant proceedings before this court for determination – Dismissal of Application -Where the fourth respondent sought costs as against the applicant – Where the applicant opposed an order for costs due to the conduct of the fourth respondent – Costs awarded on party/party basis in favour of the fourth respondent to be paid by the applicant.

FAMILY LAW – EX TEMPORE – Application by the husband for a stay of a dollar-for-dollar costs order made in July 2023 – Where at the time the order was made the parties expected to sell a property worth about $37,000,000 – Where the husband claims the absence of a sale is a material change in circumstances – Where the relative strength of the husband’s financial position is not as apparent as it was in July 2023 – Where the husband’s capacity to meet the order has more than likely diminished – Where the wife now has litigation funding available to her – Sufficient basis for the stay made out – Order made granting the stay pending further order.

FAMILY LAW – PARENTING – Where the parents and the Independent Children's Lawyer sought that final parenting orders be made by consent in terms contained within a signed Minute of Order provided to the court – Where the orders sought are in the child’s best interests – Where orders are made which will largely reflect the terms of the orders signed by the parents.

FAMILY LAW – PROPERTY – Where four applications are before the Court – Where three of the applications are dealt with in these Reasons – Contravention Application filed 31 March 2025 resolved by consent – Contravention Application filed 18 March 2025 dismissed – Application in a Proceeding filed 14 March 2025 dismissed.

FAMILY LAW – EX TEMPORE – Where the wife seeks to rely upon a report of her psychologist as expert evidence – Where the psychologist not appointed as Single Expert under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) – Where the husband objected to the admissibility of the report because the opinion evidence failed to satisfy s 79 of the Evidence Act 1995 (Cth) – Where the psychologist possessed sufficient relevant expertise – Where it was not clear exactly what opinion was expressed in the report and the reasoning that led to it – Where the Court was not satisfied that opinion was wholly or substantially based on specialised knowledge, training or expertise – Order that the report be rejected.

FAMILY LAW – EX TEMPORE – Where wife seeks to read and rely upon reports from her general practitioner – Where the husband objects to specific parts of the reports – Where the Court is not satisfied the reports are inadmissible – Leave granted.

FAMILY LAW – Application to discharge Independent Children’s Lawyer – Application dismissed.

FAMILY LAW – EX TEMPORE – Application by the wife for leave to rely on three affidavits filed and served out of time but over a month before the trial commenced – Where the wife’s application was made after trial had commenced – Where leave was granted to the husband to cross-examine the wife – Where the Court is not satisfied of a persuasive reason to refuse leave to the wife – Leave granted to the wife to rely on the three affidavits subject to any specific objection.

FAMILY LAW – PARENTING – Best interests of the child – Mother exposed to a pattern of coercive and controlling conduct during the relationship, which continued post-separation – Where the mother has suffered Post-Traumatic Stress Disorder as a result of the father’s coercive and controlling conduct – Where the mother is the primary caregiver of the child – Child to live with the mother –Where a Single Expert Psychiatrist cautions against the mother being re-traumatised from ongoing contact with the father – Where it is not in the best interests of the child or their primary caregiver to have substantial time with the father – Spend time arrangements ordered in accordance with the mother’s proposal to ensure the mother can cope with the exposure she has to the father – Child to spend time with the father increasing incrementally as the child matures – Sole parental responsibility to the mother – Change of the child’s name.

PROPERTY – Application for an adjustment under s 90SM of the Family Law Act 1975 (Cth) – Father’s contributions superior to the mother’s – Where the mother’s future earning capacity is significantly less than the father’s – Where the mother is the primary caregiver to the parties’ child – Where the mother has received significant funds during proceedings by way of interim property distribution – Father to pay the mother a settlement sum and the parties otherwise retain their assets and liabilities in their sole names – Child Support Departure Application dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – Application by the husband to discharge a consent trial direction as to disclosure where the property of the parties is complex comprising 150 corporations, trusts and joint venture structures – Where there are 31 additional respondents in the proceedings – Where the husband and the wife have engaged forensic accountants to prepare the balance sheet identifying their property interests in the proceeding pursuant to s 79 of the Family Law Act 1975 (Cth) – Where the husband has the province of documents and information as to the financial circumstances of he and the wife – Where the husband contends the wife’s disclosure request is overtly broad, onerous, time-consuming and without focus such that it is outside of the scope of r 6.01 of the Federal Circuit and Family Court of Australia (Family Law Rules) 2021 (Cth) – Where the husband proposes to amend the terms of the wife’s disclosure requests by way of limitation as to the identity of persons, entities, topics and date range to which the requests relate to achieve a measured and proportionate response tailored to the issues he identifies as relevant in the proceedings – Where the wife identifies the relevance of the documents sought – Where the second respondent, the husband’s brother, belatedly supported the husband’s relief – Relevance of documents sought and the process of identifying and disclosing them considered – Application dismissed.

FAMILY LAW – Stay – Stay granted.

FAMILY LAW – PROPERTY – Financial agreement – De facto relationship – Where the applicant seeks for the financial agreement to be set aside – Where the respondent contends it would be unjust and inequitable for the Court to find the agreement was not binding – Consideration of legal advice – Advice given by someone who was not a legal practitioner – No evidence of content of advice – Respondent’s claim fails – Agreement not binding.

FAMILY LAW – CHILDREN – Application to stay no-time parenting orders pending appeal – where applicant father seeks to resume supervised time pending appeal – where applicant father seeks to prevent international relocation of children pending appeal – where respondent mother consents to stay on relocation of children pending appeal but not on international travel – where children have not spent time with father since Final Hearing – where appeal is listed for hearing within one month: international travel order stayed - stay otherwise refused.

FAMILY LAW – PRACTICE AND PROCEDURE – STAY APPLICATION – Where the husband’s delay in making the application for a stay in part rendered a stay otiose – Where it is not accepted that a failure to order a stay will render the appeal nugatory – Where a generous consideration of the grounds of appeal produces a scarcity of merit, in turn generating a compelling circumstance attracting weight against the exercise of discretion to order a stay – Where the balance of convenience favours the dismissal of the stay – The husband’s Application in a Proceeding is dismissed.

FAMILY LAW – PARENTING – Spend time with arrangements – Parental responsibility – Where the mother seeks to relocate to the United States with the child – Allegations of family violence perpetrated by the father – Orders made permitting the mother to relocate to the United States with the child – Orders made for the child to live with the mother and spend time with the father – Orders made for the mother to have sole parental responsibility.

FAMILY LAW – PRACTICE AND PROCEDURE – abuse of process – attempt to relitigate issue determined by earlier consent order – application by beneficiary of deceased estate of husband to intervene in property proceedings – application for substitution of legal personal representative of deceased husband – discovery sought against non-party – request for leave to issue subpoena.

FAMILY LAW – PARENTING – Interim parenting orders – Where previous interim orders were made – Where the child lives with the mother and spends two nights per week with the paternal grandmother – Where the paternal grandmother seeks fresh interim orders for the child to live with her and spend professionally supervised time with the mother – Where the mother has breached orders by returning a positive drug test – Where the current evidence falls short of exposing the seriousness of the mother’s illicit drug use – Where the court child expert reported the child is meeting his general developmental milestones – Where the matter is listed for trial in six weeks – Where orders reversing the child’s residence deserve much more thorough consideration at trial – Application dismissed.

FAMILY LAW – APPLICATION FOR A STAY OF FINAL PARENTING ORDERS – Where appeal has been filed – Where it would be adverse to the children’s interests to order a stay - Refusal to grant a stay pending determination of substantive parenting appeal – Application dismissed.

FAMILY LAW – CHILDREN – Parenting Orders – Where the father has been convicted of possessing and creating child exploitation material – Where some of the child exploitation material created was of the child – Whether the risk of sexual harm by the father can be ameliorated – Where the paternal grandparents dismissed or minimised any risk posed by the father – Whether long-term supervised time with the father is in the child’s best interests – Where a no contact, no communication order is made – Where the family is well known to Child Safety – Where living with the mother exposes the child to further serious risks of harm – Where there is no viable alternative but to leave the child with the mother.

FAMILY LAW – PARENTING – Spend time arrangements – Best interests of the children – Where there are allegations of family violence – Where the children live with the mother – Where Final Parenting Orders were made in 2022 which provided for a 9/5 regime – Where the children require ongoing clinical support – Consent orders made for the mother to have sole parental decision-making responsibility for the children – Supervised time to continue between the father and the children.

FAMILY LAW – CHILDREN – CRITICAL INCIDENT LIST – Where the mother is deceased and the father is charged with her murder – Where an application is brought by the maternal aunt, uncle and grandmother – Where the father has not participated but has notice of the proceedings and orders sought – Where the Department has no concerns with the children residing with the maternal aunt and uncle – Where the children have expressed a wish to change their surnames and it is in their best interests to be allowed to do so – Where final orders made.

FAMILY LAW – PRACTICE & PROCEDURE – Further affidavits to be filed.

FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas – where subpoena objected to on the basis of protected confidence – whether party is a professional service – whether the communications are protected confidences – whether likely harm outweighs desirability of production – application objecting to subpoena dismissed.

FAMILY LAW – PARENTING – Final orders proposed with consent of all parties – Proposed orders suitable to ameliorate the risk to the children associated with the father in circumstances where the mother’s parental capacity is compromised – Final orders made in line with the terms provided by the parties.

FAMILY LAW – PROPERTY – APPLICATION FOR ENFORCEMENT – Where both parties filed applications seeking the other comply with final orders regarding sale of the matrimonial property – Where both parties assert the other is responsible for the non-compliance with the orders – Where both parties seek alterations to the orders that deal with the sale of such property – Where enacting the husband’s proposed alterations would result in a substantive change to the orders – Sale of the property and avoidance of future litigation in the interest of both parties – Discharge and substitution of the order regarding sale of the property.

FAMILY LAW – COSTS – where the wife seeks an order for costs on an indemnity basis – where the husband filed no response to the wife’s submissions – where the husband has not complied with previous court orders – where the husband’s conduct has delayed court proceedings – where the husband has been wholly unsuccessful in the proceedings – consideration of s 117(2A) factors – costs ordered on an indemnity basis in the wife’s favour.

FAMILY LAW – CONTEMPT – Sentencing – Respondent pleaded guilty to ten charges of contempt – Seriousness of contempt – Desirability of determining appropriate sentence for each charge – Totality of sentence should not exceed totality of offending – Imprisonment as sentence of last resort – Circumstances warrant imprisonment – Concurrency and cumulation - Part suspension of imprisonment – Good behaviour bond.

FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – TRIAL SEQUENCE – the applicant submits that the respondent should file his case outline first as the applicant does not understand the case advanced by the respondent – held, case outlines should be filed concurrently.

MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – EXPERT EVIDENCE – the respondent submits that the applicant should be restricted to a single expert witness per issue – held, the applicant should not be so restricted.