First Instance Judgments

FAMILY LAW - CHILDREN - Where the Mother failed to appear - Where there are allegations that the Mother has problems with alcohol abuse and anger management - Where the Court has the benefit of a Family Report and the views and recommendations of such an expert and the child’s interests and independently represented - Where the Independent Children’s Lawyer and the Father agree upon the Orders to be made in the child’s best interests

FAMILY LAW – CHILDREN – With whom a child spends time - Where the children have lived with the Father for several years - Where the residence of the children is not in dispute - Where there are allegations of illicit drug use by the Mother - Where the Family Report writer indicates the children are happy in the Father's care – Where the Mother has not filed any material in the matter.

FAMILY LAW – CHILDREN – With whom a child lives - Where the Father has a child of the Mother’s in his care who is the biological child of the Intervenor – Where the Father and the Intervenor agree it is in the best interests of that child to live with the Intervenor – Where the child has spent significant periods of time with the Intervenor in the preceding twelve months – Where the Mother seeks that the child remain with the Father and not the Intervenor.

FAMILY LAW - COSTS – application for costs dismissed

FAMILY LAW – CHILDREN - Undefended hearing

FAMILY LAW - COSTS - Between solicitor and client - Notice Disputing Itemised Costs Account – Setting aside of costs assessment order – Leave to file and serve a Notice Disputing Itemised Costs Account out of time – Where the husband alleges negligence and/or incompetence by the solicitor – Discretion – Inadequate explanation for delay – Hardship to the husband – Prejudice to the solicitor – Where the Court should err on the side of caution and grant the indulgence to file out of time

FAMILY LAW - PRACTICE AND PROCEDURE – The Applicant’s application seeking relief against the second named respondent dismissed for failure to comply with orders.

FAMILY LAW - PRACTICE AND PROCEDURE - Application - Dismissal or Striking Out  

FAMILY LAW - DE FACTO – PROPERTY SETTLEMENT – Adjournment

FAMILY LAW - PRACTICE AND PROCEDURE - Application - Dismissal or Striking Out

FAMILY LAW - CHILDREN - PARENTAL RESPONSIBILITY – Where the parents have equal shared parental responsibility – where the mother seeks sole parental responsibility over children’s religion – The Court cannot prefer one religion over another - Morrison & Morrison (1995) FLC 92-639 distinguished - no orders as to allocation of parental responsibility as to religion - where Mother is of the Anglican Church and Father is of the Roman Catholic Faith

FAMILY LAW - CHILDREN – With whom the Child spends time – midweek and holiday time – where mid-week time remains unchanged so as to ensure stability for children – where holiday time is allocated so as to ensure the children are not absent from the care of either parent for longer periods

FAMILY LAW– CHILD ABDUCTION – HAGUE CONVENTION – Whether the children were habitually resident in Cyprus when removed from that country – where the children had been born in Australia and had lived here for several years – where the mother left Australia in circumstances where she separated from the father and asserts she only went to Cyprus for a temporary stay – where the father also returned to Cyprus – where the mother and the children stayed in Cyprus for almost 2 years - where the Court found that the children were habitually resident in Cyprus at the time of their removal - where the mother unilaterally removed the children from Cyprus without the father’s consent –  whether the children face a grave risk of being exposed to harm if they return – where it is determined they do not -  whether the children face poverty and instability if they return – where the mother has lived in Cyprus – where the mother has support in Cyprus – where there has been family violence

FAMILY LAW – CHILD ABDUCTION – HAGUE CONVENTION - Application for a return Order - Where the Respondent has not been able to be served - Where the Applicant requests an adjournment to enable service - Where the Court is satisfied that the Applicant has established a prima facie case for a return Order - Where the Applicant requests ex parte Orders be made - Where the Court is satisfied the Mother may be a flight risk

FAMILY LAW - COSTS – where mother knowingly made a false allegation – where s 117AB applied – where the circumstances do not justify an order that the mother pay all of the other parties’ costs – where an order that the mother pay some of the costs of the other parties is made

FAMILY LAW – CHILDREN – whether the children should continue spending time with their father – where the father engages in alcohol misuse - where the father refuses to participate in a residential rehabilitation program – where it is held that the father should spend supervised time with the children for a limited time to enable him to participate in certain programs if he changes his mind and chooses to do so – where the father alleges the mother’s new partner poses an unacceptable risk to the children – where the Court accepts the undertakings from the mother and the mother’s new partner

FAMILY LAW – CHILDREN – With whom a child shall live – international relocation – best interests of the child.

FAMILY LAW – CHILDREN – With whom the children should spend time – where the children have lived with their respective fathers for some years – Where the children were removed from their mother’s primary care by the Department – Where there are serious concerns regarding the mother’s mental and emotional health – Where ongoing supervised time with the mother is appropriate – Whether the mother should be restrained from bringing further applications pursuant to Part VII without first obtaining leave – Where the proceedings have not been dismissed as frivolous or vexatious – Whether there is power otherwise to make the restraining order sought – Where it is not considered appropriate to make such a restraining order.

FAMILY LAW – COSTS – application by Independent Children’s Lawyer (“ICL”) for costs of the trial – whether an order should be made that the parties contribute to the costs of the ICL – where the submissions filed on behalf of the ICL failed to address any of the factors set out in s 117, Family Law Act 1975 (Cth) – where ICL’s application for costs dismissed.

FAMILY LAW – CHILDREN – where the mother relocated from Sydney to Melbourne with the parties’ children  – where the father continues to reside in Sydney – where the mother contends the father consented to her relocating – where the father denies ever providing his consent – where the father currently sees the children on three weekends per month – where the father seeks an order that the children live in Sydney with their mother – where the effect of that order, if granted, is to force the mother to return to Sydney – consideration of the power to make a “coercive” order – where “[t]he proper exercise of such a power is likely to be rare” – whether such an order should be made in this case – where there were incidences of family violence during the parties’ relationship – where the parties’ children witnessed that violence – consideration of the children’s best interests – where it is in the children’s bests interests to remain living in Melbourne with the mother and to spend overnight time with the father on two weekends per month.

FAMILY LAW – PROPERTY SETTLEMENT – de facto relationship – where the parties were in a relationship for five years – where the father brought three properties into the relationship, two of which continue to form the vast majority of the pool – where the father also brought significant liabilities into the relationship – where those liabilities are included in the “pool” – where the father, through his parents, also contributed a significant amount of property and funds during the marriage – where the mother has had the primary care of the children post-separation and will continue to do so – where the father will be solely responsible for the costs associated with spending time with his children – where the father will be solely liable for the significant liabilities included in the “pool” – where orders made that property be distributed in the proportion 80:20 per cent, in favour of the father.

FAMILY LAW – CHILDREN –with whom the children spend time – where orders provide for the children to live with the mother – where orders provide for the children to spend substantial and significant time with the father on alternate weekends including time in school holidays and special occasions – where there is a meaningful relationship with both parents - where the parties entered into consent orders for equal shared parental responsibility - where the relationship between the parents had been difficult and unrewarding and where both parties find it difficult to communicate with one another –where the parties continue to demonstrate an inability to remain child focussed -  where the uneventful progress of interim orders where the father spent time with the children had significantly improved confidence between the parties – where family therapy is ordered to facilitate continued improvements in communication – where the children expressed a strong desire not to spend any time with the father– where the children’s expressed wishes were found to be representative of their anxiety to be separated from their mother rather than reflective of their attitudes towards the father – where the mother and children were concerned the father would remove the children from Australia and take them to Egypt – where the parties entered into consent orders preventing the removal of the children from Australia - where an apprehended violence order was taken out for the protection of the mother and children from the father at the time of separation- where allegations of child abuse as against the father were not pursued- where there has been no further incident of family violence – where the mother currently provides substantially all of the financial support – where the father was unable to work due to an injury to his hand -  where the parties have an Egyptian cultural background -where the children have a strong relationship with the maternal family.

FAMILY LAW – CHILD ABDUCTION – application of the rules of evidence under Family Law (Child Abduction Convention) Regulations.

FAMILY LAW – PRACTICE AND PROCEDURE - Application to appoint expert report writer dismissed.

FAMILY LAW – CHILDREN – With whom children shall live - where the mother alleges the father poses an unacceptable risk of sexual harm to the children – where the police and the Department have investigated the allegations – where the father has not been charged with any offence and the Department determined the allegations were unsubstantiated – where the mother maintains the allegations – where the Department has determined that the mother has emotionally harmed the children – whether the father poses an unacceptable risk of harm – where the father does not pose an unacceptable risk  of harm – whether it is in the children’s best interests to live with the father – where the youngest child is 2½  – where the children have been in the primary care of the mother since separation – where orders made that children live with the father and spend time with the mother.

FAMILY LAW - CHILDREN – Where the child is to live with the mother as the father usually resides overseas and is employed by the British public service – whether the mother should have sole parental responsibility – The frequency and duration that the father should spend with the child given that he is usually resident outside of Australia

FAMILY LAW - PROPERTY – alteration of property interests – Global or Asset by Asset Approach – short marriage – Whether there should be a departure from the administrative assessment of child support payable by the father – Whether the father should pay the mother spousal maintenance in the context where the father submits that he cannot afford to pay.

FAMILY LAW - CHILDREN – interim proceedings – with whom a child spends time

FAMILY LAW - PROPERTY – stay of proceedings

FAMILY LAW - PROPERTY – interim settlement

FAMILY LAW – COSTS – where applicant had commenced proceedings in Taiwan, before commencing proceedings in Australia – where respondent sought a stay of the proceedings in Australia – where stay granted – where respondent seeks costs on an indemnity basis – where respondent wholly successful in application for stay – where applicant ordered to pay respondent’s costs on a party and party basis.

FAMILY LAW – PROPERTY – where the husband seeks a stay on the basis that Australia is a clearly inappropriate forum – where the wife previously commenced proceedings in Taiwan for domestic violence, parenting orders and spousal maintenance – where the domestic violence proceedings were dismissed and judgment is reserved in respect of the remaining issues – where the wife commenced proceedings in Australia for property orders after she had commenced proceedings in Taiwan – where neither party lives in Australia – where all the parties’ property, excluding a sum of money in an Australian bank account which is the subject of significant dispute between the parties and a bond lodged with the Queensland Treasury Corporation with the parties’ visa applications, is in Taiwan – where the majority of the witnesses and other evidence regarding the parties property, including the sum of money in the Australian bank account, is in Taiwan – where evidence relevant to property proceedings in this Court has been heard by the Taiwanese Court – whether Australia is a clearly inappropriate forum – where the property proceedings in this Court are vexatious and oppressive in the Voth and Henry sense – where the property proceedings permanently stayed.

FAMILY LAW – ORDERS – Contravention – four contraventions of orders proven

FAMILY LAW - PRACTICE AND PROCEDURE – Stay of proceedings – Where the father seeks a stay for his appeal regarding orders allowing the mother to return to Indonesia with the child – Where there is a real risk that the father’s appeal will be rendered nugatory if the stay is not granted – Stay granted

FAMILY LAW - CHILD ABDUCTION – Child brought to Australia – Where the father removed the child from Indonesia and was apprehended by police when attempting to remove the child from Australia – Where Indonesia is not a signatory to the Hague Convention – Matter to be determined according to the best interests of the child by way of summary hearing – Where the child could have the benefit of both of his parents being in the same geographic proximity if he lived in Indonesia – Where there are grave concerns about the father’s willingness to facilitate the child’s relationship with the mother – Where there are domestic violence proceedings against the husband in Indonesia – Where there is no evidence to suggest that the courts of Indonesia will not properly inquire into and determine the child’s permanent custody – Orders that the child live with the mother in Indonesia

FAMILY LAW - EVIDENCE – Expert Evidence – Where the father relies on an affidavit purporting to give expert evidence about the law applicable in Indonesia, the processes which will be applied, and the likely consequences for the father of his return to Indonesia – Where the deponent is the father’s lawyer in the substantive proceedings in Indonesia – Where the Family Law Rules 2004 (Cth) have not been complied with – Where the conclusions contained in the expert evidence are broad, supported by no facts, and rely on the deponent’s subjective experience – Where the evidence is partisan in nature – Found that little or no weight should be given to the opinions expressed by the deponent

FAMILY LAW – PROPERTY – short marriage, one child – husband had significant assets at the date of the marriage - where the factual findings about family violence in a children’s case were admitted in the property proceedings – where it is appropriate to make an adjustment based on a Kennon claim because contributions were made significantly more arduous due to violence – where the wife had recovered from post traumatic stress disorder arising from the violence – where the husband has a far greater earning capacity than the wife – determined that it was a just and equitable alteration for the wife to receive 28% of the net assets

FAMILY LAW – CHILD SUPPORT – departure determination – where the husband has a substantially higher earning capacity – where it is just and equitable that the husband pay 85% of the child’s expenses

FAMILY LAW – PROPERTY – application to discharge order allowing findings by another judge from the parenting hearing to be admitted in the property hearing – where husband asserted additional information demonstrated earlier findings improper or erroneous – where it could not be demonstrated that a conclusion based upon that assertion was justified.

FAMILY LAW – CHILDREN – where husband sought to discharge final parenting orders which he had unsuccessfully appealed – where it could not be said that additional information would have changed the earlier conclusions about family violence – where a significant change in circumstances was not established – where it was not in the best interest of the child to embark on a new full hearing

FAMILY LAW - PROPERTY SETTLEMENT – Wife claims husband engaged in fraudulent tax evasion which is denied by the husband – Discussion of whether Court is obliged to refer to Deputy Commissioner of Taxation - Procedural fairness – Question of degree - Where circumstances warrant referral – Where the potential liability would have a considerable impact on the asset pool it is appropriate to adjourn the s 79 proceedings until that issue is resolved – Where the property settlement proceedings are adjourned.

FAMILY LAW – CHILDREN – With whom a child should live – with whom a child should spend time with – best interests of the child – husband’s paranoid personality – husband’s use of surveillance of the wife and child – where the child is obese – where the child has suffered from absent seizures and febrile convulsions and cough variant asthma – where there is a high degree of hostility and conflict between the parents and extended families – where the wife was the primary breadwinner and the husband the primary carer of the child – where the husband’s family is enmeshed.

FAMILY LAW – PROPERTY – alteration of property interests – valuation of the wife’s business – valuation of the husband’s company – where the wife’s business had no detailed and consistent business records – wife’s parents as interveners – interveners claiming wife owes them money pursuant to a verbal loan agreement.

FAMILY LAW - SPOUSAL MAINTENANCE – Interim – Consideration of ss 72, 75 of the Family Law Act 1975 (Cth) - Whether the wife’s access to partial property settlement payment impedes application for maintenance – Whether the wife’s earning capacity is greater than her income –  Where the husband receives income from disability insurance – Where the wife has obtained little paid work since separation – Where the wife’s expenses exceed her income –  Interim spousal maintenance ordered - Wife entitled to an order for costs

FAMILY LAW – PROPERTY – undefended by the Husband

FAMILY LAW – PRACTICE AND PROCEDURE - Interim orders – Husband fails to file material

FAMILY LAW - CHILD ABDUCTION – Hague Convention – whether the child has been wrongfully retained in Australia by the Father 

FAMILY LAW - INJUNCTIONS – Ex Parte Order - where the father is restrained from removing the child from Australia

FAMILY LAW – COSTS – Wife refused offer which was superior in benefit than the Orders made by the Court

FAMILY LAW — CHILDREN — immunisation — traditional or homeopathic — best interests — overarching parental conflict

FAMILY LAW – DE FACTO PROPERTY – where the parties’ main asset is the former family home which is situated on land that is native title – where the de facto wife is the traditional owner of that land – where the land cannot be sold or transferred – where the de facto husband asserts he substantially improved the dwelling on the land – where it is necessary to do justice to grant injunctions to give the use of the land to the de facto wife.

FAMILY LAW - PROPERTY –  EX TEMPORE  INTERIM ORDERS -  SPOUSAL MAINTENANCE – Where parties sought urgent Orders under section 77 of the Family Law Act 1975 (Cth) – Where the Court determined Maintenance pursuant to section 72 of the Family Law Act 1975 (Cth) – Where the needs of the Wife and the capacity of the Husband to pay warranted payment of Spousal Maintenance

FAMILY LAW - PRACTICE AND PROCEDURE - Expert Evidence - Where leave is sought to rely upon adversarial experts where a single joint expert has already been appointed

FAMILY LAW – PRACTICE AND PROCEDURE - Confidentiality agreement - no reason to do more than ask the wife to sign an acknowledgment that she understands her obligations

FAMILY LAW – PRACTICE AND PROCEDURE - Confidentiality agreement – By agreement of all parties previous orders replaced to give effect to intention

FAMILY LAW - PRACTICE AND PROCEDURE - Confidentiality agreement - Implied undertaking and circumstances under which an express undertaking can be sought - An undertaking in either form is really an acknowledgement of an obligation to keep documents confidential - Problems of court control - Need for court to define limits if undertaking orders.

FAMILY LAW – PROPERTY - consent orders - Registrar refuses to make orders because of absence of clean break - Severing of joint tenancy to create tenancy in common is a clean break.

FAMILY LAW - ORDERS – Contravention

FAMILY LAW - COSTS

FAMILY LAW – PROPERTY - Referral of parties and documents to Australian Taxation Office

FAMILY LAW – PROPERTY - Enforcement of property orders where it is said wording is ambiguous - Property of a company controlled by both parties may be seen as their own property if they treat it that way - Onus of proof lies with the party asserting ambiguity.

FAMILY LAW – PRACTICE AND PROCEDURE – Ruling – Admissibility - Letter of offer

FAMILY LAW - COSTS – order for costs on a party-party basis

FAMILY LAW - EVIDENCE – Admissibility – Application seeking that a valuation report not be admitted into evidence for the final hearing of the proceedings – Application dismissed

FAMILY LAW - COSTS - Circumstances justifying order – where the respondents’ financial position is much superior to that of the applicants – where the respondents were wholly unsuccessful in the portion of proceedings in which costs are being sought – where the applicants had made an offer to settle – orders for the respondents to pay the applicants’ costs as agreed or assessed, from the date that the offer to settle was made

FAMILY LAW - ORDERS – non compliance - interim order made restraining the non compliant party  from leaving the Commonwealth of Australia

FAMILY LAW – CHILDREN – Significant change to the place of residence of a child – Where the mother proposes to relocate to New Zealand with the child.

FAMILY LAW — PROPERTY — Property application involving mixed purpose trust — accrued jurisdiction relied upon by third party respondents – identification of single justiciable controversy — third party respondents required to file a statement of contentions of fact and law — necessary for third party respondents to confirm or specify the final orders they seek — necessary for third party respondents to confirm or specify the material facts upon on which their claim is based — necessary for third part respondents to specify the statutory and other law upon which they rely to justify the relief claimed.

FAMILY LAW – CHILDREN – where there is a high degree of conflict between the parties – where the parties are largely agreed on many issues – where the outstanding issues concern overnight and holiday time between the child and his father – where the mother opposes overnight time between the father and the child – whether overnight time is in the child’s best interests – where the child has health issues – where the father has refused to accept those issues, notwithstanding significant medical evidence – where orders made that father spend overnight time with the father, including holiday time.

FAMILY LAW – CHILDREN – Orders by Consent – Orders by determination - With whom a child lives – With whom a child spends time – With whom a child communicates – Allegations of violence.

FAMILY LAW - CHILDREN – interim orders – where the father seeks orders for the children to be delivered into his care immediately – where the matter has a long and complex history – where the Court was of the view that a cautious approach ought to be adopted pending trial – where the Court held that it was not in the best interests of the children for their current arrangements to change – orders for the children to continue residing with the mother – no orders for the children to spend time with the father.

FAMILY LAW - PROPERTY – Interim distribution – Where the wife seeks an interim distribution to pay for her legal fees – Where the parties may have either no net assets or very small net assets by the time of the trial – Application dismissed

FAMILY LAW - PROPERTY – interim orders for the sale of premises at which the parties conduct a business

FAMILY LAW – CONTRAVENTION - Allegations not proved.

FAMILY LAW - COSTS

FAMILY LAW – PROPERTY - Settlement where husband bankrupt and dispute as to entitlement to superannuation

FAMILY LAW – CONTRAVENTION - Contravention application – Respondent father appearing in person – Particulars of orders allegedly breached considered – Plea taken – Conviction only on one count – No reasonable excuse – Conviction recorded but without further penalty imposed

FAMILY LAW - PROPERTY – Where there was a 24 year cohabitation and two now adult children – Where the Wife has not been employed since the birth of the parties’ first child – Where the Wife has made a significant parenting and homemaking contribution – Where the Wife’s contribution was significant in the context of the Husband’s absence for work purposes – Where both parties have failed to make full and true disclosure – Where there has been concealment of assets – Where there are significant “pool” and “add-back” issues – Where there were substantial gifts from the Husband’s family – Issue of expenditure of available capital – Treatment of substantial gambling losses by the Wife

FAMILY LAW - PROCEDURE – Anton Piller Order – Where the Husband sought and obtained an Anton Piller Order in order to recover two paintings allegedly being secreted by the Wife in the former matrimonial home – Duty of candour in relation to an ex parte application for the Anton Piller Order – Where the Wife applies for the Anton Piller Order to be discharged in defence to an application by the Husband that the Wife bear the Husband’s costs of the Anton Piller proceedings and to seek her costs

FAMILY LAW – EVIDENCE – Expert evidence – Where the wife seeks leave to rely on an adversarial expert – Where a single expert witness has previously been appointed by consent – Where the parties strongly dispute the issues sought to be addressed by the single expert witness.

FAMILY LAW – CHILDREN – Orders by Consent – Orders by determination - With whom a child lives – With whom a child spends time – With whom a child communicates – Allegations of violence – Allegation that children are at unacceptable risk in the care of the mother – Orders that children live with the mother – Mother found not to be unacceptable risk to the children.

FAMILY LAW – PROPERTY – Superannuation – Contributions - Add-Backs.

FAMILY LAW – COSTS – Between parties – Where the father seeks costs for the mother’s application for a stay pending appeal which was wholly unsuccessful – Costs awarded to the father.

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings – Best interests of the child.

FAMILY LAW – COSTS – Between parties – Mother wholly unsuccessful.

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings – where the wife seeks a stay of proceedings pending her appeal regarding parenting orders that the children no longer live with the wife and instead live with the father – where the court has power to determine a stay when the appeal is not yet filed – where the stay would likely be for a long period of time – where the change from one parenting regime to the other is not so disruptive on the children so as to warrant granting a stay.

FAMILY LAW – CHILDREN – With whom a child lives – Relocation – Where the wife seeks orders for the children to live with her in Melbourne and the husband seeks orders for the children to live with him in Sydney – Where the wife had attempted to relocate to Melbourne with the children without the husband’s knowledge or consent – Where the wife has repeatedly failed to facilitate the children spending time with the husband and is unlikely to in the future –  Orders for the children to live with the husband in Sydney and spend significant and substantial time with the wife.

FAMILY LAW – PROPERTY SETTLEMENT – Future needs – Where the parties’ contributions to the net matrimonial assets are equal – Where the husband’s household has two income earners and the wife’s household has only one – Where the husband will have the greater burden of the children’s expenses – Orders for a property adjustment of 5 per cent in the wife’s favour.

FAMILY LAW – COSTS – where wife sought an order discharging her liability under a loan with the second respondent bank – where that application was dismissed – where adverse findings were made with respect to the wife’s credit – where all respondents seek an order for costs against the wife – where wife seeks that no order for costs be made or, alternatively, that the costs of the application be reserved to trial – whether any order for costs should be made pursuant to s 117, Family Law Act 1975 (Cth) – where wife’s, husband’s and third and fourth respondents’ costs reserved to trial – where wife ordered to pay the second respondent’s costs of and incidental to the application.

FAMILY LAW – COSTS – where the wife sought an order that the second respondent pay her costs of and incidental to an application for an interlocutory injunction which was granted by this Court on an earlier occasion – where those interlocutory proceedings formed part of the substantive application by the wife seeking to discharge her liability under the loan – where the wife wholly unsuccessful in that substantive proceeding – where the second respondent not ordered to pay the wife’s costs of the interlocutory application.

FAMILY LAW – PROPERTY – where the wife seeks orders discharging her liability under a loan – where the bank with whom the loan was taken out is a party to these proceedings – where the wife alleges she was a volunteer at law – where the wife alleges that bank knew or ought to have known that the wife was a volunteer – where the wife alleges the bank failed to explain the effect of the documents she signed, and failed to afford her the opportunity to obtain legal advice – where the wife alleges that the husband assaulted her leading up to the signing of the loan documents – where the wife alleges the husband exercised undue influence over her with respect to the loan documents – where there is evidence from bank officers and the husband that directly contradicts the wife’s evidence – whether the wife was a volunteer – whether the husband exercised undue influence over the wife – where the wife was neither a volunteer nor subject to undue influence.

FAMILY LAW - CHILDREN - Best interests of child – What time the child should spend with his father, if any – Whether the child would be exposed to an unacceptable risk if he were to spend time or communicate with his father – Mental health of both parties of concern - Whether the mother should continue to be permitted to travel overseas with the child each year - Whether the mother should have sole parental responsibility for the child or whether the parties should have equal shared parental responsibility

FAMILY LAW – PROPERTY - Defended division of property proceedings pursuant to s 90SM – Cross examination of applicant – Issues arising as to his financial conduct – Objection to answer questions under cross examination – Request for a further Certificate to issue – Protection against self incrimination – Certificate having previously been granted in earlier proceedings to cover evidence in affidavits – Further certificate granted covering cross examination in these proceedings – Certificate to be executed by Court and issued to parties

FAMILY LAW ─ PROPERTY SETTLEMENT ─ Whether, if undisturbed, the orders of the Local Court made in 1997 preclude the making of orders for settlement of property pursuant to s 79 of the Act ─ Whether, if in order to enliven jurisdiction pursuant to s 79 of the Act, the orders of the Local Court made in 1997 must first be set aside, such orders should be set aside pursuant to s 79A of the Act ─ Whether, if the orders of the Local Court made in 1997 are not set aside, the wife should be granted an extension of time to appeal against the 1997 orders pursuant to s 96 of the Act, and, if such leave be granted, whether the wife’s appeal should succeed ─ Whether, if jurisdiction pursuant to s 79 of the Act is enlivened, the transfer by the husband to the second respondent of a one half interest in the property at Suburb A if undisturbed, would defeat the wife’s claim pursuant to s 79 of the Act and should thus be set aside pursuant to s106B of the Act ─ Whether if jurisdiction pursuant to s 79 is enlivened, the orders for settlement of the property of the parties which are just and equitable