Judgments

FAMILY LAW – PARENTING – time with the Father – whether the Father should have regular unsupervised time with the child and if so the nature of such time – whether the Father’s drug use places the child at an unacceptable risk of harm – whether Mother’s capacity to parent is discernibly impacted if the child spends regular unsupervised time with the Father – whether the Father should be involved in the decision making regarding major long-term issues – whether the child’s name should be changed to the Mother’s surname or become a hyphenated version of the Mother and Fathers surnames’ – whether the Father should be restrained from filing further proceedings – whether there should be a ‘guillotine order’ to operate if the Father misses visits. 

FAMILY LAW – Interim s 90SM property distribution in the amount of $200,000 to both the de facto husband and defacto wife - an interim s 90SE spousal maintenance order for the de facto wife in the sum of $714.00 per week – property proceedings adjourned part heard.  

FAMILY LAW – PARENTING – family violence – unacceptable risk of harm to children if they spend time with the father – significant non-compliance with court orders – father unwilling or unable to comply with court orders – power imbalance – no insight into parental behaviour – father had no evidence before the court – ongoing risk – risk not ameliorated by supervised time or orders for counselling or courses – children to have no time or communication with the father – sole parental responsibility to the mother – mother permitted to obtain passports for the children and to take them out of Australia without the consent of the father. 

FAMILY LAW – Parenting – Matter listed as interim hearing – Decision to proceed in absence of mother – Where mother has recently disclosed problematic drug use – Where mother has told parties she does not intend to be involved in proceedings – Decision to proceed undefended on final orders – Where father and second respondent paternal grandparents seek orders for live with and spend time arrangements to be determined by agreement – Where previous orders have not been followed but parties have made arrangements by agreement – Final orders made. 

FAMILY LAW – Property – Continuing property trial – Expert evidence – Where husband seeks to rely on affidavit of adversarial witness regarding valuation of property – Orders for single expert valuation of properties did not provide unless all properties valued, none are to be – Where affidavit not in proper form of expert witness valuation – Where both husband and wife allege insufficient disclosure of the other’s property interests – Where wife made no objection to reliance upon adversarial witness report until just before trial – Benefit to administration of justice of single expert valuer rules – Held in the interests of justice to permit husband to rely on report. 

FAMILY LAW – PARENTING – where interim consent orders are in place – application by the father to increase the time the child spends with him – insufficient change of circumstances to justify reconsideration of the consent orders in respect of time spent arrangements – where the parties are in dispute about the child’s enrolment in early learning – where the parties are in dispute about whether the child should travel interstate to visit the paternal grandmother – interim orders made for the child to be enrolled in early learning education – interim orders made permitting the child to travel interstate to spend time with the paternal grandmother  FAMILY LAW – PROPERTY – application by the wife to commence proceedings for spousal maintenance and an alteration of property interests outside of the statutory time period – application for a litigation funding order – exercise of the discretion to not grant leave – application for leave and associated orders dismissed 

 FAMILY LAW – Interim hearing – parenting arrangements – father seeks to move children overseas to where he works – where the children live with the mother and spend time with the father on an almost equal shared care arrangement when the father is in the country – where the father travel overseas regularly for work – where there are allegations of alcohol abuse – where there are allegations of manipulation – where on the this interim hearing there should be no change to the existing spend time arrangement – where there be orders for school holiday time – short time until final hearing – no substantial change to existing interim orders.  

FAMILY LAW – Parenting – Interim defended hearing turned undefended final hearing – Where applicant mother put to extensive cost and effort to serve respondent father – Where respondent father on notice of proceedings – Where father has taken head-in-the-sand approach to proceedings – Mother’s orders sought in best interests of child – Final orders made as sought by mother – Costs order against father.  

FAMILY LAW - PARENTING – where there are allegations of significant risk of harm to the child in the father’s care – where the mother seeks supervised time continue indefinitely on account of such risk – where the father seeks unsupervised day time on alternate Sundays and one afternoon per week – where the father has a connection to child sexual abuse material – where the mother submits that the father presents a risk of harm with respect to his cyclical alcohol dependency – where the father’s consistent lack of insight is compounded by his propensity to fabricate events and information – where the father’s capacity to take accountability for his actions is wholly deficient – where the father’s written and oral evidence is uncompelling – where it is uncontested the child idealises the father – where the risks associated with continuing supervised time between the child and the father need to be considered against the risks posed by unsupervised time commencing – where the Independent Children’s Lawyer largely supports the mother’s position – where it is found that an unacceptable risk of harm exists in the child spending unsupervised time with the father – where it is found that the risks posed by the father can be mitigated by time being supervised until the child commences Year 8 – where the father’s time progressing to be unsupervised is contingent on a raft of protective safeguards with respect to the father’s alcohol intake – orders made for the mother to hold sole decision-making – section 68B injunctive orders for the protection of the mother are found to be appropriate.    

FAMILY LAW – Parenting – Discharge of section 102NA order – Where section 102NA made under discretionary limb of section 102NA tree – Where party unable to retain legal representation under section 102NA – Where parties consent to discharge of section 102NA order. FAMILY LAW – Parenting – Contravention – Interpretation of Division 13A – Whether the Commonwealth Criminal Code applicable – Interpretation of “offence” – “Offence” found to be intentionally distinguished by Parliament from Division 13A contraventions in the Act – Interpretation of “aids and abets” – Literal interpretation – Adoption of common law interpretation.  

FAMILY LAW – Parenting – two subject children, aged 16 and 11 – where the children have been exposed to the parental conflict – where the father has had a relatively limited involvement in the children’s lives – where the disputed parenting orders are limited – best interests of the children.   FAMILY LAW – Property – net matrimonial assets worth a little over $4M – where each party seeks to retain 60% of the net non-superannuation property – where the wife seeks to retain 60% of the combined superannuation and the husband seeks that it be equalised – where the Court must weigh up each party’s contributions and their future needs – just and equitable outcome.  
 

FAMILY LAW – PRACTICE AND PROCEDURE – adjournment application – lawyers’ professional responsibilities – concerns as to capacity of party – adjournment granted – consequential interim parenting orders
 

FAMILY LAW – Joint decision-making responsibility in respect of all major long term decisions – no ICL costs order. 
 

FAMILY LAW – Contravention application – respondent father convicted of counts 1 to 12 of the contravention application – stood over for sentencing. 
 

FAMILY LAW – Varying existing orders to confine the task of the expert valuer – identify the applicable multiplier to be applied to the EBITDA - accelerating the provision of relevant information to assist the parties try and achieve a consensual outcome – listed for final property hearing.
 

FAMILY LAW – COSTS – applications for costs by Father and Independent Children’s Lawyer following determination of parenting and financial proceedings  
 

FAMILY LAW – PRACTICE AND PROCEDURE –application to adjourn application for costs 
 

 FAMILY LAW – Subpoena objection on behalf of respondent – on grounds of oppression and a fishing expedition – further objection on grounds of legal professional privilege over documents produced by his solicitor relating to a discretionary trust – Subpoena not oppressive - whether documents produced subject to legal professional privilege – whether legal professional privilege has been waived – legal professional privilege was waived by conduct  
 

FAMILY LAW – Procedure – leave granted to the applicant to use documents filed in these proceedings for criminal proceedings. 
 

 FAMILY LAW – Urgent legislation needed to protect by caveat the property interests of spouses and de facto relationships in property proceedings and to extend part VIIIAA to de facto relationships - property pool was not able to be properly preserved – remaining proceeds of sale is $8,411 - s 128 certificate issued to the husband – possible clawback of funds through the joinder of new parties by the wife - stood over part heard to 15 August 2025.     
 

 FAMILY LAW –Parenting-father mental health -not properly managed over seven and half years- lack of empathy for children/mother- lack of insight- continuing denigration of mother- high likelihood of undermining or destroying primary carers relationship - lack of parenting capacity- unacceptable risk – identity time only 
 

FAMILY LAW – PRACTICE AND PROCEDURE – Institution of proceedings – Leave to institute proceedings refused.  
 

FAMILY LAW – Parenting proceedings – proceeding subject to ban on cross-examination due to family violence – father has failed to secure funding for legal assistance and to file affidavit material for trial – application by mother for proceedings to be determined on undefended basis – father seeks to adjourn proceedings – high conflict – matters to be considered – child concerned almost thirteen years of age – family report writer advises child stressed by proceedings and seeks their end – best interests – application determined on undefended basis 
 

FAMILY LAW – PRACTICE AND PROCEDURE – Application for Review – where orders made by Judicial Registrar staying financial proceedings pending the respondent wife’s compliance with requisite pre-action procedures – where the wife’s Genuine Steps Certificate is contrary to assertions made by her legal representative in court – where the wife has failed to file an Undertaking as to Disclosure as is required prior to First Return – where the wife provides no evidence as to compliance with pre-action procedures and did not seek an exemption – where this court expects compliance and practitioners must assist clients with this duty – where delegated judicial officer has proactively and appropriately case managed a matter in accordance with the overarching principles - Application for Review dismissed.  
 

 FAMILY LAW – Notice of objection hearing – subpoena material confined to inspection by legal practitioners only – no further subpoenas to be issued without leave of the Court – notices of objection otherwise dismissed.   

FAMILY LAW – PROPERTY – PRACTICE AND PROCEDURE – Application for leave to issue property settlement proceedings out of time pursuant to section 44(3) of the Family Law Act 1975 (Cth) – Marriage of seven years –Application filed two years and seven months out of time – Consideration of length of delay – Whether the applicant has established a prima facie case – Where hardship is established – Prospective costs considered – Where the Court declines to exercise its discretion to proceed out of time – Anticipated legal costs disproportionate to ultimate likely claim – Application dismissed. 
 

FAMILY LAW – PARENTING – where at commencement of trial the parties had agreed to do family therapy – where court declined to make orders until evidence tested - where the children live with the mother – where the children have had no face-to-face time with the father since July 2021 and no electronic time since September 2023 – where father convicted of two family violence offences including a strangulation offence perpetrated against the mother – where the father unsuccessfully appealed the criminal convictions - where the father had undertaken courses but continued to deny the offences – where the father was critical of the mother – where the position of the mother and the ICL changed after the evidence was tested - family therapy not ordered - no time order  
 

FAMILY LAW – CHILDREN – Best interests of child. 

FAMILY LAW – PARENTING – CONTRAVENTION APPLICATION – Where the mother concedes that she contravened final parenting orders, resulting in the father spending no time with the child, because the child talked about holding a ‘secret’  – Whether the Mother has a reasonable excuse for contravening the Orders – Whether the breach was for long as necessary to protect the health and safety of the child
 

FAMILY LAW – Child-related proceedings – Final orders – Two children with special needs – Parental responsibility in issue – Where each parent found to be genuine in their pursuit of what is in the best interests of the children but still at loggerheads - To shield the children from exposure to conflict, it is necessary for there to be an order for the mother to have sole parental responsibility – Time arrangements in issue – Where minimisation of changes is touchstone for orders progressing time with the father – Where certainty of orders is preferable over the likelihood of disagreement between the parents about readiness to progress

FAMILY LAW – Final hearing – parenting and property orders sought – where the applicant became unrepresented a short time prior to the final hearing – where the applicant was represented pursuant to the section 102NA Cross-Examination Scheme – where an adjournment application was sort by the parents – adjournment application granted – allegation of noncompliance with previous disclosure orders – where the applicant sought an interim hearing for the spend time arrangements with the child pending the adjourned final hearing – interim hearing denied

FAMILY LAW – Parenting – Subpoena objections – Where mother seeks documents relating to father’s health – Where mother alleges family violence – Where mother alleges coercive control from father by misrepresenting terminal medical illness – Where father alleges he suffers from cardiac condition – Mother seeks documents and information from health services – Subpoena objections by health services for lack of forensic purpose, lack of relevance and ambiguity of drafting – Subpoenas found to be relevant – Forensic purpose demonstrated – Subpoenas sufficiently clear to be interpreted – Objections dismissed. 

FAMILY LAW – PROCEDURAL – Where the respondent mother and wife did not file any trial material and did not appear at final hearing – Where proceedings continued in her absence but not on an undefended basis.  FAMILY LAW - PARENTING – Parental responsibility and living arrangements in issue for 12 and 14 year old boys – Turbulent period post-separation including child absconding, school refusing, sleeping rough, antisocial behaviour involving police, being taken into protective custody for being intoxicated, fighting and hospitalisation and refusal of support services – Where behaviour improved markedly in the care of the father.  FAMILY LAW - PROPERTY – Division of property to provide for unequal post separation contributions and provision for commitments necessary to enable the father’s support of the children – Where husband appointed trustee for sale of investment properties and mechanism for capital gains tax liabilities to be taken into account. 

FAMILY LAW – PARENTING – Final Orders – One child 14 years of age – Where mother presents as unacceptable risk of serious psychological harm to the child – Where there are cogent reasons to justify indefinite supervision 

FAMILY LAW – PARENTING – application for costs arising out of final hearing – application dismissed
 

FAMILY LAW – PRACTICE AND PROCEDURE – Review of a Registrar’s decision not to list matter on urgent basis – application dismissed 

FAMILY LAW – PARENTING – Final Orders – One child 10 years old – Where the mother has relocated three hours away – Where both parties have significant and unaddressed mental health vulnerabilities – Where child at risk of harm in care of either parent but benefits from her relationship with both parents – Child to remain living with the father and spend regular time with the mother – ICL to remain appointed for 12 months with liberty to apply to ensure the child’s diagnostic assessment and treatment and to mitigate against either parent’s non-compliance. 

FAMILY LAW – PROPERTY – Where the court made orders by consent – Where the wife commenced child-related proceedings the husband joined property proceedings by seeking to have the consent orders set aside.  FAMILY LAW – PRACTICE & PROCEDURE – Where the husband subsequently became and remains a bankrupt – Where the wife argued that the husband does not have a sufficient interest in the outcome to afford him standing – Where the husband found to have standing due to his interest in regulated superannuation funds – Sloane followed – Where the husband’s application under s 79A is summarily dismissed on the finding that the husband has no reasonable prospect of successfully prosecuting the proceedings.

FAMILY LAW – PROPERTY – Application for interlocutory injunction to freeze funds refused. 

FAMILY LAW – PROPERTY – Where final orders have not been complied with causing financial loss to the non-defaulting party – Orders made under s 80 of the Family Law Act 1975 to enable the implementation and enforcement of property settlement orders

COSTS – Where the applicant is entitled to a costs order – Indemnity costs sought but insufficient evidence to establish what the wife’s legal obligation as to costs is and the reasonableness of the amount sought on an indemnity basis.

 FAMILY LAW – PRACTICE AND PROCEDURE – Substantive review – where a declaration is made that the husband owes the wife $22,200 pursuant to final orders – where the husband by way of Review Application seeks that such declaration be discharged – where the wife seeks the Review Application be dismissed, but does not seek orders for enforcement – where the Review Application appears to have arisen on a misunderstanding as to the effect of the declaration – where a declaration as to a sum of money due and payable is not an order as to enforcement – where submission of husband not to exercise discretion is wholly misconceived - where the husband is represented by a litigation guardian – Review Application dismissed.  

FAMILY LAW – PROPERTY – Final orders – Where both parties sought to retain the land and farming enterprise and to pay out the other – Where both parties have genuine and meritorious cases 

FAMILY LAW – Parenting – Application to stay parenting orders – Where applicant mother seeks to limit spend time with father and require professional supervision – Where respondent father concedes partial stay of parenting orders pending the mother’s appeal – Mother’s application to adjourn hearing of the stay application for a second time dismissed – Consideration of the First XI of principles determining a stay application – Where mother has not complied with final orders – Where children have not spent time with father since just after the final hearing – Paternal grandparents appropriate supervisors – Partial stay granted in terms of orders sought by the father – Stay assumes appellant prosecutes appeal with proper expedition. 

FAMILY LAW – Procedural – second respondent removed as party to proceedings – s 102NA order made. 

FAMILY LAW – APPLICATION FOR REVIEW – review of orders for enforcement of final orders – wife required leave to proceed out of time with her application – leave not granted – application for review dismissed – order for costs made – payable from proceeds of sale. 

FAMILY LAW – Child-related proceedings – Where previous final orders made – Where parents unable to agree on education issues – Where both parents agree joint decision making is not working – Parallel parenting arrangements.

FAMILY LAW - The child is to live-with mother – sole parental responsibility granted to mother – the child is to spent time with the father – the father is permitted to communicate with the child by audio-visual means – the child is removed from the Airport Watch List – the mother and child are permitted to travel internationally – the mother is to provide the father with a copy of the paid return airline ticket and travel insurance. 

FAMILY LAW – Parenting – Where the Independent Children’s Lawyer applied for the appointment of a Litigation Guardian for the Respondent Mother – Where the Applicant Father supported the application – Where the Mother opposed the appointment – Where the Court considered the capacity of the Mother to understand the nature and consequences of the proceedings – Application for appointment dismissed 

FAMILY LAW – PARENTING – one child (aged 4) – parties each make allegations of family violence against the other, including of coercive and controlling behaviour – finding father has engaged in family violence against the mother, including coercive and controlling family violence – finding mother has not acted to coerce and control the father as he believes – rather, mother has acted to safely promote child’s relationship with father – father assessed to be at high risk of suicide – child spending regular time with father a factor protective of his mental health – assessment of risk posed by father’s mental health, anxious and inaccurate beliefs about the mother, alcohol use disorder, occasional illegal drug use and regular use of prescribed cannabis – order for mother to have sole decision-making responsibility – order for child to live with mother and spend regular time with father – child’s time with father to be supervised by members of his family to safeguard against identified risks – no orders for further drug or alcohol testing or provision of mental health treatment information which father perceives as coercive and controlling and is likely to have a detrimental impact on his mental health – change of child’s surname to include mother’s surname, hyphenated with father’s surname – other parenting orders made upon consideration of child’s best interests

FAMILY LAW – De facto property settlement proceedings filed out of time – where the respondent seeks that the application be dismissed on the basis that she disputes the existence of a ‘de facto relationship’ and in the alternative that the application has been filed out of time – where the Court considers that a de facto relationship existed – consideration of hardship – where the Court considers that leave should be granted to apply out of time.