FAMILY LAW – PARENTING – relocation – mother seeks children (now aged 11 and 8 years) live with her in Region B and for the children to spend time with the father on alternate weekends (from Friday to Sunday), for one additional weekend each month, and for additional holiday time – application resisted by the father who seeks children continue to spend equal time with both parents – evaluation of competing proposals – mother’s application refused – order for children to continue spending equal time with both parents – no order made confining the area in which the parties may live with the children – all other parenting orders made by consent.

FAMILY LAW – Application for review – interim parenting orders – time the children spend with the father – where the father seeks that he children spend seven nights a fortnight with him – where the mother seeks that the children spend two nights a fortnight with the father - where the parties reside an hour apart – interim order made that the children spend four nights a fortnight with the father 

FAMILY LAW – Matrimonial property division – where relationship of over 30 years – where two adult children – where both parties’ families made significant financial and /or non-financial contributions – where extent of those contributions in dispute - where arguments of resulting trust and presumption of advancement made – where each party sought to exclude assets from the pool available for distribution – where the applicant relied on a Kennon argument – where dispute as to whether real property should be sold or retained by the respondent – where dispute as to how CGT should be addressed – where dispute as to value of assets in the pool – where add backs sought - where two pool approach adopted – where real property to be sold – where Kennon argument successful    

FAMILY LAW – Parenting – Live with and spend time arrangements for children – Where children’s mother passed away several years ago – Where children lived with the maternal grandparents following the death of their mother – Where father was denied spend time with the children following their mother’s death – Father and maternal grandparents each seeking orders that children live in their household and spend once monthly weekend time in the other household – Father and maternal grandparents separated by significant distance – Maternal grandparents demonstrate restrained antipathy towards father – Maternal grandparents and ICL concerned with father’s mental health and substance use – Maternal grandparents and ICL concerned with father’s intimate partner family violence against mother and against previous partners – Father not found to be a significant risk to safety of children – Significant grief and loss felt by children following death of their mother – Importance of children’s connection to their mother through their grandparents – Where children should not have to suffer further loss of leaving grandparents’ care – Geography not determinative of best interests – Orders for children to live with grandparents and spend time with father. 

FAMILY LAW – PARENTING – final orders – five children – father convicted of serious assault – father incarcerated for significant period of time – younger children have little memory of the father – father committed family violence against mother – father completely denies family violence – family violence alleged against mother’s new partner – father completed taking responsibility course – no substantial evidence of change by the father – no insight into his violence or offending – ongoing risk – risk not ameliorated by supervised time – no time with father – sole parental responsibility for decision making to the mother. 

FAMILY LAW – Transfer to Division 1 – where the wife seeks transfer of proceedings to Division 1 of the Court – where the husband opposes the transfer – findings that the length of the hearing, the complexity of the issues in dispute, and the potential for orders against a corporation weigh in favour of a transfer to Division 1 – transfer ordered

FAMILY LAW – Change of venue – where wife seeks a change of venue to the Melbourne Registry of the Court – where the husband opposes the change of venue – where the wife resides in Tasmania and the husband resides in New South Wales – where the parties’ real property is located in Tasmania – change of venue declined  

FAMILY LAW – Parenting – jurisdiction – children reside in Country B – habitual residence 

FAMILY LAW – Application for costs in a parenting case – Judge’s duty and power to control the proceedings – Two applications for recusal – Actual bias and apprehended bias alleged – Both applications dismissed and reasons reserved – Decision delivered the day after the end of the trial, Christmas Eve, with costs and reasons for dismissal of recusal applications reserved – These are those reasons.  

FAMILY LAW – parenting – unjustified allegations of medical neglect – allegations maintained despite no evidence – lack of insight into children’s emotional needs – risk of emotional and psychological harm – greater the time the greater the risk – balancing of competing considerations – overseas travel – equal shared parent responsibility  

FAMILY LAW – final property orders – interim applications not heard and consolidated with final hearing – arrears of interim order sought- spousal maintenance – lump sum spousal maintenance sought – child support departure order – lump sum child support sought – one party seeks to retain former matrimonial – estimate of days for final hearing exceeded – child support assessments not enforced – one party occupying the bulk of matrimonial pool pending final orders – draft orders provided.

FAMILY LAW- Final hearing- determination of parenting arrangements- where father not engaged in final hearing- where risk of exposure to drugs and alcohol to the children- where consideration of best interests of the children- consideration of benefit of time with father. 

FAMILY LAW – PARENTING - whether the children should continue to live in an equal time arrangement for the next two-three years or a five/nine arrangement, building to an equal time arrangement – where it is agreed that an equal time arrangement will be implemented by no later than some time in 2026 – weight to be given to the recommendations of the court child expert  

FAMILY LAW – Parenting – application for adjournment – family report writer unavailable for cross examination – notice to the family report writer was not sufficiently given – not in the best interest of the child to adjourn the matter – application dismissed.  

FAMILY LAW – final property orders by consent – ex tempore reasons – where one party has a litigation guardian – where substantial evidence remained in dispute – where matter would have exceeded four or five final hearing days.  

FAMILY LAW – PRACTICE AND PROCEDURE – objection to subpoena for lack of legitimate forensic purpose – objection to production based on religious confession privilege – section 127 of the Evidence Act 1995 (Cth)  

FAMILY LAW- property- interlocutory hearing -where dispute as to whether material provided to single expert witness should be considered – dispute concerning two ‘classes’ of document – applicant to bear onus of informing single expert witness - spontaneous oral applications for disclosure found to be procedurally unfair - costs reserved 

FAMILY LAW – PARENTING – family violence – abusive, harassing and threatening communications – impact on Mother – limited insight – unacceptable risk – orders made for Father to spend no time and have no communication with child 

FAMILY LAW – PROPERTY – relationship of 10 years with 4 years of cohabitation and one year of marriage – no children – separation of 3.5 years – wife contends it is not just and equitable for an order to be made altering parties’ property interests – finding the requirement of section 79(2) is satisfied – finding husband holds beneficial interest in a property transferred to him and his brother, as reflected on title – non-superannuation and superannuation assets considered separately – paid legal costs not added-back – other asserted add-backs not accepted – parties’ contributions relating to non-superannuation assets assessed at 85% in favour of the wife and 15% in favour of the husband – adjustment of 2.5% in favour of husband on account of relevant section 75(2) factors – payment to be made by wife by way of adjustment – no alteration in respect of superannuation – unsatisfied litigation funding order discharged

FAMILY LAW – PARENTING – 3 children of separated parents and some 8 years of family law proceedings – where the parents seek variations to final parenting orders made in 2021 and consent to reconsideration – where final parenting orders since suspended by operation of interim orders and therefore no longer in force – to the extent that the general prohibition applies, the final parenting orders may be reconsidered by consent pursuant to s.65DAAA(3).  

FAMILY LAW – PARENTING – where the remaining issues in dispute relate to youngest child and where she should live, when she should spend time with each parent and which parent should have sole decision making responsibility for her – consideration of s.60CC factors – final parenting orders made. 

FAMILY LAW – HARMFUL PROCEEDINGS – litany of litigation and protective interventions – consideration of resultant trauma and harmful impact – reasonable grounds to believe that the children would suffer further harm if either parent instituted further proceedings against the other – parents would suffer financial harm – harmful proceedings orders made against both parents, requiring leave of the Court to institute further proceedings – no suppression of notification. 

FAMILY LAW – PROPERTY – de facto relationship of approximately 26 years with more than three years since separation – dispute as to value of a real property with a partially constructed and defective build, which both parties seek to retain – consideration of asserted “add-backs” – treatment of inheritance received by respondent after separation – assessment of parties’ contributions and matters relevant pursuant to section 90SF(3) – two pool approach taken, with respondent’s inheritance considered separately – respondent to retain 100% of inheritance at value received by him – orders providing for applicant to receive 52.5% of the non-inheritance pool and the respondent 47.5%

FAMILY LAW– Application for spousal maintenance by the de facto wife – where wife relies on care and control of a child to assert she cannot adequately support herself – where the evidence fails to establish the wife is unable to support herself adequately because of care and control of a child – application dismissed – other orders made by consent.

FAMILY LAW – PROPERTY – where the parties are in dispute of the interpretation of a final order – where there is evidence of family violence – where the wife requires access to the property for the purposes of arranging work to be carried out in order to sell the property – where the order should be varied to reflect the intention of the Court

FAMILY LAW – DIVORCE – where an application for divorce was filed by the Husband in Australia – where the Wife contends Australia is a clearly inappropriate forum – where the Wife adduces no expert evidence of Country D law – where the Wife invoked this Court’s jurisdiction for financial relief – where the parties were found to been living separately and apart – where the Husband’s application for divorce is granted

FAMILY LAW – CONTRAVENTION – Whether contraventions proven – whether reasonable excuse established.

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – application refused.

FAMILY LAW – COSTS – Costs application by husband – costs application by subpoena objector.

FAMILY LAW – PARENTING – where the parties are engaged in a second tranche of litigation – where the mother seeks the child have no time with the father unless agreed in writing – where the father seeks that time gradually progress to unsupervised time two nights per fortnight and half school holidays – where the child has made allegations of violence upon him by the father – where no finding as to family violence is sought – where the child steadfastly refuses to spend time with the father – where the child assails the mother prior to and in the wake of time with the father – where the father and Independent Children’s Lawyer impractically view family therapy as the sole remedy or “magic wand” for the re-establishment of the relationship –where risk of harm is inherent in both proposals – where such risks are intricately weighed – where the mother has damaged the relationship (be it deliberately or inadvertently) to such an extent that no orders as to time with the father would be safe for the child – where the mother is an unimpressive witness – where the father has not prioritised the relationship or engaged fulsomely with family therapy – where the parties are diametrically opposed – mother granted sole decision-making responsibility with a requirement to consult with the father and orders made for no time with the father.

FAMILY LAW – Parenting – relocation – young child – mother seeks to move from Melbourne to Sydney with the child – father seeks that the child remains living in Melbourne and time progress to an equal shared care arrangement – orders made providing for child to live in Sydney with the mother

FAMILY LAW – PARENTING – application for final parenting orders – child aged 10 – child diagnosed with anxiety – where the parties each seek orders for the father to spend time with the child on a gradual increasing basis – where the mother seeks sole decision making responsibility – where the father seeks equally shared decision making responsibility – consideration of the best interests of the child under s 60CC of the Family Law Act 1975 (Cth) – final parenting orders made.

FAMILY LAW – Property proceedings – application for dismissal of Initiating Applicant for non-disclosure of documents, default of compliance with Court orders, and failure to prosecute the application with due diligence – Initiating Application dismissed

FAMILY LAW – Property settlement proceedings – 20 year relationship – complex entities – add-back arguments – just and equitable outcome.

FAMILY LAW – CHILD SUPPORT – Extension of time – declaration of parentage – declaration that the Respondent should be assessed in respect of the costs of the child.

FAMILY LAW – PARENTING – Application for the maternal grandmother to spend time with the child – best interests of the child – Orders made.

FAMILY LAW – PARENTING – where the father seeks the current equal time arrangement continue and the mother seeks a reduction in such time – where the parties cannot agree as to the interpretation of simple and concise orders of this court – where a significant feature of the matter is the child’s wishes – where the child consistently expresses a wish for an equal time arrangement to third parties –where the child is acutely aware of the parental conflict – where the father has consciously acted to undermine and denigrate the mother to third parties and the child – where the father concedes to involving the child in discussions about the proceedings and his own preferences for time - where the mother has exhibited reflective capacity in relation to two emotionally charged incidents – where the father’s capacity for reflection is limited to concessions made during cross-examination – where neither party is an impressive witness – where the risk of harm to the child arises from his exposure to the parties’ highly conflictual and toxic parenting relationship - where both parties lack insight - where the father’s parenting deficits are such that he would not be able to safely support the mother’s proposal for a reduction in time if made – orders made for the mother to hold sole parental responsibility and for the child to live with the parties in an equal time arrangement.

FAMILY LAW – recusal application – alleged actual bias or apprehended bias – inadmissible hearsay evidence – false assertions about personal or social relationship between lawyer who prepared financial agreements and judge – vague and unsubstantiated assertions that judges of this court decide matters other than on merits and according to law – recusal application dismissed.

FAMILY LAW – practice and procedure – proceedings to which the Evidence Act 1995 (Cth) applies – hearsay evidence inadmissible  

FAMILY LAW – PARENTING – where the parties had a very short relationship – where the child was born after separation – consideration of parental responsibility and the living arrangements for the child – where the parties agreed on an order for international travel - where there are no significant risk factors – final parenting orders made

FAMILY LAW – Interim spousal maintenance – Application for leave to file and prosecute application out of time – Where applicant de facto wife has significant history of mental ill health and hospitalisations – Where respondent de facto husband was paying maintenance on a voluntary basis for a substantial period after separation until recently – Hardship to applicant of not being granted leave to prosecute application established in circumstances where applicant deemed unable to adequately support herself without income tested benefit or pension – Leave granted to file out of time – Interim spousal maintenance ordered – Where applicant’s expenditure is reasonable – Where respondent is able to make small economies in expenditure – Respondent ordered to pay applicant’s rent directly to real estate agent – Respondent ordered to pay applicant’s health insurance in circumstances where she is highly dependent on it.

FAMILY LAW – Parenting – urgent interim hearing – where orders were made by consent in January permitting the father to take the two children to Country C until early 2025 – where the father paid a significant security payment that was held in his solicitors trust account – where the eldest child returned to Australia in early 2025 – where the father and the other child did not return to Australia – where the security payment has been paid to the mother – where it is alleged the father and the other child continue to reside in Country C – where Country C is not a Hague convention country – where the mother seeks a recovery order and an airport watchlist order in the event the father returns with the child – where the mother sought orders for the father to execute a charge on the property held in the his name to allow the mother to lodge a caveat over the property – where it is requested the father solicitors serve a copy of these orders on the father.

FAMILY LAW – PARENTING – Best interests of child.

FAMILY LAW – PROPERTY – Contributions – Disparity in financial contributions – Assessment of section 75(2) factors – Largely agreed asset pool – Resulting trust – Presumption of advancement – Parental loan to wife

FAMILY LAW – PROPERTY – De facto relationship of 12 years – Greater earning capacity – Carer responsibilities – Existing student loan – Applicant proposes 50/50 – Respondent proposes no adjustment or 15/85 – Just and equitable considerations

FAMILY LAW – CONTRAVENTION –Whether baptism is an exercise of parental responsibility – Enrolment of child into daycare and school – Unilateral decision making – Contraventions straddle 2023 amendments – Contraventions established – No reasonable excuse   

FAMILY LAW – PARENTING – Where the child is to spend no time with the respondent and live with the applicant – Where the child makes serious allegations of sexual assault by the applicant that are unfounded – Where the respondent perpetrated family violence being physical violence and coercive or controlling behaviour – Where the child has been a primary and secondary victim of the respondent’s family violence - Where the respondent poses an unacceptable risk of harm to the child – Where the respondent has intentionally and constantly undermined the child’s relationship with the applicant – Where the child holds strong views towards the applicant – Where the child’s views are given little weight – Where the child was estranged from the applicant until interim orders were made in November 2024 that caused an immediate change in residence – Where the respondent’s evidence was dishonest  

FAMILY LAW – Property – Subpoena objection – Where husband seeks to obtain third party’s will on subpoena – Where third party is a friend of each of the husband and the wife – Where third party has transferred significant assets to the wife – Where each party has, at one stage or another, been appointed power of attorney for third party – Objection by third party’s solicitor – Where objector argues that parties can obtain will under relevant State Power of Attorney legislation – Where objector argues will should not to be used for any purposes other than administration of the affairs of the testator – Where objector seeks to uphold confidentiality – Potential bequests under will found to be relevant to section 79 and 75(2) analysis – Parties granted access to will produced on subpoena. 

FAMILY LAW – CONTRAVENTION – parenting orders – counts prior to and following 6 May 2024 commencement of amendments to Act – contraventions without reasonable excuse – differing sanction regimes – separate and then global consideration of sanctions to be imposed – post-separation parenting course, fines, compensatory/make up time, bond, costs – explanation of bond prior to entry of orders 

FAMILY LAW - Parenting only – family violence – coercive control – issues of risk in relation to the mother’s alleged prescription and illicit drug misuse – father’s application for change of residence –family report ordered part way through the final hearing – whether the mother poses an unacceptable risk to the children –– mother’s positive hair follicle tests for cocaine and methamphetamine – parenting capacity – father’s ability to promote the children’s relationship with the mother – whether or not there should be a change of residence – impact on the children of the orders sought by the father and the independent children’s lawyer – consideration of conditional orders.  

FAMILY LAW – PRACTICE AND PROCEDURE – where matter listed in the Defaulter’s List for non-compliance with a raft of orders over a ten month period – where matter was previously adjourned to allow parties to ensure compliance and progress the matter along the case management pathway – where the Applicant was not present in Court notwithstanding orders directing same – where neither party has acted in accordance with their mandatory obligations – where extensive and finite Court resources are allocated to the matter – where it is not for litigants to decide what orders or directions they will or will not comply with – where such an attitude is contemptuous of this Court – Application and Response struck out.    

FAMILY LAW – Property – final hearing – whether parties reaches agreement many years prior to issue of proceedings – parties SMSF not divided at separation – non superannuation assets divided at separation – found no agreement as alleged – parties remained joint trustees and joint co-borrowers of mortgage debt secured over assets held for SMSF – just and equitable to make property orders – all assets to be taken into account in determining percentage superannuation payment split order – parties to confer and take advise as to form of percentage superannuation splitting orders.   

FAMILY LAW – Interim parenting – Final orders made by consent in May 2022 – Where parties consent to applicant father resuming spend time with children following ex parte intervention order – Intervention order suspending time with children based on reports by mother and children’s therapist  – Where father alleges mother has a history of making false accusations and coaching children to do same – Whether children should continue treatment with therapist – Therapy suspended unless parties agree in writing it should continue – Father ordered to consult therapist and inform himself of children’s therapy – Family therapy and report ordered. 

FAMILY LAW – COSTS – Mother’s Application for costs – No matter of principle

FAMILY LAW – Property – Enforcement application – Where wife seeks to enforce consent order providing her sole use and occupation of former matrimonial home – Where existing intervention order pursuant to state law prohibits husband from attending former matrimonial home – No jurisdiction for this court to make consent order in circumstances where matter had already been agitated pursuant to prescribed state law – Application dismissed – Where wife seeks to join husband’s parents to cause them to vacate former matrimonial home – Application for joinder on discrete issue of enforcement application dismissed.