FAMILY LAW – PRACTICE AND PROCEDURE – Where it is implicit from the wife’s application that she seeks to reopen the proceedings – Where the final hearing has concluded – Where judgment has been reserved and has not been delivered – Where the wife seeks to admit further evidence and seeks a range of ancillary orders – Where the wife is attempting to reagitate matters dealt with at the final hearing – Where the Court finds that further examples of matters raised by the wife at the final hearing do not advance the issues in dispute in any material way – Where further delay and burden does not favour the interests of the child, the parties, or justice – Application dismissed.

FAMILY LAW – Interim hearing – children.

FAMILY LAW – PRACTICE AND PROCEDURE – Where the matter has been set down for trial – Where one party is subject to criminal proceedings – Where alleged criminal act is central to family proceedings – Where delay causes prejudice to parties – Whether trial should be adjourned – Trial date vacated.

FAMILY LAW – PROPERTY – Interim hearing – Partial property settlement – Where the husband seeks an interim partial property settlement for his living expenses – Where the wife opposes the application – Where the parties are in dispute as to the property pool – Where the wife seeks 100 per cent of the funds held in controlled monies account – consideration of the interim order is capable of reversal – Where it is not appropriate or in the interests of justice to make an interim property order.

FAMILY LAW – PARENTING – Where the father seeks overnight time with the child – Where it is not in dispute that the father is a heavy user of medicinal cannabis – Where the mother contends that the father is an unacceptable risk by reason of his medicinal cannabis use – Orders for the father to spend time with the child but no overnight time ordered.

FAMILY LAW – COSTS – application for costs following delivery of judgment in parenting matter – where one party largely unsuccessful – no order for costs.

FAMILY LAW – COSTS – Costs order of a specific amount – Circumstances where order for costs in a fixed amount ought to be made.

FAMILY LAW – COSTS – Whether conduct of a litigant justifies an order for indemnity costs.

FAMILY LAW – PROPERTY – Financial agreement – Where the applicant seeks to pursue property division under s 79 of the Family Law Act 1975 (Cth) (“the Act”) – Where the respondent contends an agreement between the parties is a binding financial agreement under s 90C of the Act – Agreement entered into during the marriage – Agreement provided for the immediate sale of a property and division of the proceeds – Agreement does not refer to the breakdown of the marriage or maintenance – Where the agreement is not a financial agreement within the meaning of s 90C.

FAMILY LAW – PARENTING – Final parenting orders – Where the parents separated in early 2022 and the children have since lived with the maternal grandparents – Where the father pleaded guilty to assaulting the mother – Where the children witnessed acts of family violence between the parents – Where the father relocated to New Zealand in late 2022 – Where the time spent by the children with the father has been professionally supervised – Where the maternal grandparents joined the proceedings in August 2023 – Where at final hearing the residence of the children was a contest between the maternal grandparents and the father – Where the mother has been beset by an excessive use of alcohol – Where the mother acknowledged her deteriorated parenting capacity necessitates the supervision of any time the children spend with her for the foreseeable future – Where the mother, the maternal grandparents and the Independent Children’s Lawyer agree the children should live with the maternal grandparents – Where the children told the family consultant they wish to retain their residence with the maternal grandparents – Where the father’s beliefs the children will not be properly supported by the maternal grandparents are not probative – Where the maternal grandparents have the capacity to meet the children’s physical, emotional and intellectual needs – Ordered the children’s residence should remain with the maternal grandparents – Where the parties agreed conferral of parental responsibility for the children would follow the residence order – Ordered the children spend time with the father during school holidays – Ordered the children spend time with the mother once per week and on special occasions to be supervised by the maternal grandparents.

FAMILY LAW – PARENTING – Interim orders made on last day of final hearing – Where the mother contends that the father has sexually assaulted the child and is an unacceptable risk – Where the father denies allegations of sexual assault – Where the father contends that the mother has coached the child in disclosing allegations – Where there are inconsistencies in what the mother has alleged to police, government agencies and the Court as to the disclosures of the child – Where the Court is satisfied the father had not sexually assaulted the child – Where the Court is satisfied that the interim orders are in the best interests of the child – Orders made by consent for the father to spend unsupervised time with the child on a graduating basis – Proceedings stood over part heard.

FAMILY LAW – ADOPTION – Leave to commence proceedings – Where the Applicant seeks parenting orders and leave to commence adoption proceedings in the County Court of Victoria to adopt a child – Where the First Respondent biological mother consents to the parenting orders as sought and to the Court granting leave to the Applicant pursuant to s 60G(1) of the Family Law Act 1975 (Cth) – Where the Second Respondent biological father did not participate in the proceedings – Orders as sought by the Applicant and biological mother made.

FAMILY LAW – PRACTICE AND PROCEDURE – Appointment of a single expert – Where the parties agree that the evidence of a single expert would assist in the resolution of an issue of significant controversy – Where orders have been made previously providing for the appointment of a single expert and the process for doing so – Where the parties remain unable to agree on who should be the single expert – Where there remains substantial disagreement as to the letter of instruction to be provided to the single expert – Orders made selecting the single expert – Where further submissions are required before determining the letter of instruction to be provided to the single expert.

FAMILY LAW – INTERNATIONAL CHILD ABDUCTION – Where the parents and children were habitually resident in the United Kingdom – Where the mother retained the children in Australia following a Christmas holiday – Where jurisdictional requirements under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) were satisfied – Where the mother opposed return on the basis of grave risk of harm and intolerable situation – Where she alleged coercive control, family violence, financial abuse and risks arising from the father’s health – Where the mother is electing not to return to the United Kingdom – Where the grave risk exception is not established – Orders made for the return of the children to the United Kingdom

FAMILY LAW – PROPERTY – Marriage of 48 years where neither party brought significant initial assets into the pool – Where the husband made greater financial contributions during employment – Where the wife made the majority of homemaker and parenting contributions and assisted in the business – Where the Court found the husband subjected the wife to family violence over the course of their marriage that adversely impacted the wife’s contributions – Where the husband withdrew significant cash sums pre-separation for his sole benefit – Where the husband failed to comply with orders for sale and disputed multiple valuations – Where the collective addbacks were considered under section 75(2)(o) – Where the wife shall receive 57 per cent of the pool and the husband 43 per cent.

PRACTICE AND PROCEDURE – Where counsel for the husband made an oral application for the Judge to recuse herself on the basis of apprehended bias – Where the application was based on refusal of adjournment, comments made to counsel, remoteness of interpreter arrangements and refusal to allow spontaneous cross-examination of an interpreter – Where the application was dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – Where the parties require the court to settle a joint letter of instruction to be provided to the single expert – Where the parties each provide proposed letters of instruction for the court to consider – Where the joint instructions to be provided to the single expert are settled by the court and made an exhibit to the reasons for judgment – Where the settled instructions address the key issues only.

FAMILY LAW – CHILDREN – Interim order – Ex tempore – Where despite there being final parenting orders for the father to spend time with the child, the mother fails to facilitate this time – Where the father seeks to enforce the order that he spend time with the child – Where an application is made for expediated trial dates – Where it has already been determined that s 65DAAA applies – Where it is in the child’s best interests to spend time with the father pending a final outcome – Where it is determined that a recovery order will issue if the mother does not facilitate time in the future – Where the mother is restrained from removing the child from the Commonwealth of Australia – Where the child will continue to attend upon counselling and the mother is restrained from attending and/or recording the sessions – Where trial dates are set.

FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife applies for costs in relation to the trial – Where husband appealed primary orders - Where consent orders made deferring the costs application to after disposition of the appeal – Where appeal upheld on one discrete issue and discretion re-exercised – Where the husband contends the costs application was dismissed by dint of the appeal – Where no order dismissing the costs application has been made – Where the justiciable controversy has not been quelled - Where the husband, in the alternate, seeks an extended timeline for filing documents because he is now self-representing and may be going on holidays – Where the wife’s timeline provides ample time for the parties to file material.

FAMILY LAW – PARENTING – Interim parenting orders - Where interim parenting orders were made with the consent of the parties on 5 February 2025 – Where the mother has breached orders - Where the mother sought to revisit the interim orders – Where the mother did not adduce evidence to demonstrate any factor which would justify revisit the existing interlocutory orders – Application dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – Requirements of s 102NA(2) of the Family Law Act 1975 (Cth) ordered to apply.

FAMILY LAW – PROCEDURAL – Harmful Proceedings Order – Where the litigation history has been extensive – Where the respondent husband has filed numerous Applications in a Proceeding in 2025 – Where there are reasonable grounds to believe that the applicant wife would suffer harm if the respondent husband instituted further proceedings against her – Harmful Proceedings order made on Court’s own initiative.

FAMILY LAW – Interim costs – husband to pay the wife $300,000 for her legal costs.

Injunctions - where husband seeks to use matrimonial property to fund a $5 million investment – husband restrained by injunction.

FAMILY LAW – PROPERTY – Where the Applicant wife passed away after commencing proceedings – the parties’ adult daughter was substituted as the Applicant – Where the First Respondent husband’s wife is the Second Respondent – Property interests outside of Australia – Overseas political unrest prevented valuation evidence to be produced – Where the Applicant contends several overseas properties were more likely than not paid for by the husband rather than the Second Respondent and that the husband at the very least holds an interest in the overseas and it is more likely than not that he is the true beneficial owner of them – Where the Applicant bore the onus to establish the husband’s interest in those properties and she has failed to do so – Applications for declarations against the Second Respondent dismissed – Evidence of overseas transactions and their effect on the value of company shareholdings held personally by the husband and the estate is so deficient that caution must be exercised in attributing any definitive valuation – The corporate interests constituted as a separate pool.

FAMILY LAW – PARENTING - Where the three children of the marriage habitually live in the primary care of the mother – Where the father seeks primary care alleging unacceptable risk for the children in the care of the parties – Where there is no factual basis to the parties claim – Where it is found that the father unilaterally overholds the children contrary to Court orders – Where a number of Recovery Orders issued in favour of the mother – Where family reporter recommends cessation of children’s relationship with the father – Orders for substantially reduced time for the children with the father.

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

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

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 – 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 – 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.