Beeston & Quint (No 2) [2025] FedCFamC1F 401 (19 June 2025)

1. The total net property pool including notional addbacks is $9,460,214. As a result of my determination, regarding the contributions adjustment and the future needs adjustment, the mother will receive 38 per cent of the net property pool including superannuation and addbacks.
2. The mother currently has the following property in her sole name according to Exhibit 33:
   • Commonwealth Bank Smart Access #...35: $2,059
   • Commonwealth Bank Savings #...76: $2
   • Commonwealth Bank Offset Savings #...92: $516
   • Commonwealth Bank Term Deposit #...97: $1,202,969
   • Commonwealth Bank NetBank Saver #...67: $146
   • Commonwealth Bank CDIA Account #...74: $1,817
   • Motor Vehicle 7: $44,280
   • Household Contents: $5,000
   • Commsec Shares #...00 & #...03: $46,122
   • Superannuation (comprised of Super Fund 3 and Super Fund 4): $75,676
3. The total value of property in the mother's sole name is $1,378,587.
4. Additionally, the mother has had the benefit of funds notionally added back to the property pool being in respect to the interim distribution from sale proceeds resulting from orders made on 19 September 2023 in the sum of $215,000. The mother has also paid legal fees sourced from matrimonial property in the sum of $1,027,233.
5. This brings the total property in the mother's possession, supplemented by property that she has already had the advantage of, to the total sum of $2,620,820.
6. Pursuant to the orders I have made, the mother is entitled to 38 per cent of $9,460,214 being the total amount of $3,594,881.32.
7. The mother already has property in her possession, supplemented by funds that she has already applied to her benefit totalling $2,620,820. This means that the mother is entitled to receive an additional amount of $974,061.32.
8. I am satisfied that payment can be accommodated by the payment of the totality of the funds held in the controlled monies account to the mother, which, as at the date of hearing, was $587,821, supplemented by additional cash at ANZ bank in the name of the father, which as at the date of hearing, totalled $889,834 in the father's possession. I am satisfied that this outcome can be achieved with the father retaining comfortable accommodation, the mother having the opportunity to obtain comfortable accommodation and the parties each having access to cash and the security of ongoing employment that is well remunerated by community standards. The father will also retain a substantial superannuation portfolio and the mother will retain her superannuation. I am also satisfied that the parties will each have the capacity to satisfy liabilities existing in their own name as identified in the balance sheet to which I have earlier referred. In that respect, each party will be responsible for satisfying liabilities in their own name.
9. Accordingly, for all the reasons that I have set out, I am satisfied that the appropriate, just and equitable adjustment of the parties' property is such that the mother receives 38 per cent and the father receives 62 per cent to be effected as outlined in these reasons.

APPLICATION FOR DEPARTURE ORDERS FROM THE CHILD SUPPORT ASSESSMENT MADE BY THE CHILD SUPPORT ASSESSMENT AGENCY

1. The mother's application for a child support departure order was, with respect, without merit.
2. The Parliament of Australia has determined that other than in exceptional circumstances a parent's child support obligations are to be determined administratively through the provisions of the Child Support (Assessment) Act 1989 (Cth). There are sound public policy reasons why this should be the case. Avoiding the costs and delay associated with adversarial litigation being front and centre of parliament's concern (Herouz & Herouz [2021] FamCA 112 ("Herouz"), McClelland DCJ at [485]-[489] agreeing with Judge Brown in Yewen & Child Support Registrar [2014] FCCA 2399; (2014) 290 FLR 366 at [76]-[79]).
3. One exceptional circumstance is where there are property proceedings before the Court and the legislative preconditions to the making of a departure order are satisfied. In Herouz, I summarised authorities describing what those legislative preconditions are.
4. Most relevantly, s 116 of the Child Support (Assessment) Act 1989 (Cth) provides:

(1) A liable parent or a carer entitled to child support may, in respect of an administrative assessment of child support for a child, apply to a court having jurisdiction under this Act for an order under this Division in relation to the child in the special circumstances of the case if:

(b) both of the following apply:

(i) the liable parent or carer entitled to child support is a party to an application pending in a court having jurisdiction under this Act;

(ii) the court is satisfied that it would be in the interest of the liable parent and the carer entitled to child support for the court to consider whether an order should be made under this Division in relation to the child in the special circumstances of the case; or

(c) in the case of a liable parent - the administrative assessment of child support payable by the liable parent for the child is made under subsection 66(1).

1. The mother has failed to present a case that satisfies me that the making of a child support departure order would be in the interests of the liable parent - in this case, the father - in circumstances where the father is already complying with his child support obligations and, understandably, wants to be in a position to further consider his financial circumstances, including, as a result of this case, before committing himself to agree to contributing to the child's private school education.
2. Accordingly, I dismiss the mother's application for child support departure orders.

1. The orders I make will substantially follow the orders sought by the mother because they provide for arrangements for the transfer of a larger sum of money to the mother than was envisaged in the father's Minute of Order.
2. Specifically, the orders will provide:
   • That within 7 days of the date of this order the father and mother do all such acts and sign all such documents necessary to pay the entirety of the funds held in Broun Abrahams Burreket Lawyers ACN ... ITF Ms Quint & Mr Beeston Controlled Monies Account (BSB ... account number ...97) to the father.
   • That within 42 days of the date of this order, the father pay to the mother such further cash sum of $974,061.32.
   • That within 28 days of the date of this order:
     • The parties do all acts and things necessary to close the joint CBA CDIA account #...64[72] and pay the funds held in that account to the father;
     • The mother do all acts and things and sign all documents necessary to transfer her interest in all shares held by her in the Commsec Share portfolio account #...42 to the father.
   • That other than provided for above:
     • The father hereby indemnifies the mother from and in respect of all actions, claims, suits and demands as may be made against the mother in relation to all liabilities in the name of the father;
     • The mother hereby indemnifies the father from and in respect of all actions, claims, suits and demands as may be made against the father in relation to all liabilities in the name of the mother; and
     • The father and the mother shall be solely entitled to the exclusion of the other to all property and chattels of whatsoever nature and kind in the possession, ownership or control of each party as at the date of this Order including but not limited to superannuation entitlements.
3. These orders enable the father to retain the security of his own home while, in addition to funds already in the mother's possession, providing sufficient funds to enable the mother to rehome herself and the child.
4. The father will also retain a substantial superannuation portfolio that will assist in giving him financial security into his retirement years.

I certify that the preceding five hundred and seventy-one (571) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Deputy Chief Justice McClelland.

Annexure "A"

Father's Proposed Final Orders

PARENTING

Parental Responsibility

1. That the parties have joint decision making in relation to the major long-term issues relating to the child X born in 2020 ('the child').

1. That the child live with the Mother and spend time with the Father as agreed and failing agreement as follows:

From the commencement of these Orders

2.1. In week 1: from 8.00am (on a non school day) or after school to 6.00pm Thursday;

2.2. In week 2: from 8.00am (on a non school day) or after school to 6.00pm Thursday and from 9.00am (on a non school day) or after school Friday to 2.00pm Sunday.

Upon the commencement of school term 1 in 2026

2.3. In week 1: from after school or 3.00pm to 6.30pm Thursday;

2.4. In week 2: from after school or 3.00pm Friday to before school or 9.00am on Monday.

Upon the commencement of school term 3 in 2026

2.5. In week 1: from after school or 3.00pm to 6.30pm Thursday;

2.6. In week 2: from after school or 3.00pm Thursday to before school or 9.00am on Monday.

Upon the commencement of school term 1 in 2027 and thereafter

2.7. In week 1: from after school or 3.00pm to 6.30pm Thursday;

2.8. In week 2: from after school or 3.00pm Wednesday to before school or 9.00am on Monday.

1. Should the child not spend time with the parent whom they are to spend time with accordance with these Orders, the parent shall be afforded make up time in line with the missed time at the next opportunity and within 30 days from the missed date.

1. For the purpose of the above Orders, X's time with the parties during the school holidays shall be as agreed but failing agreement as follows:

During term 1, 2 and 3 school holidays

4.1. The child shall spend time with the Father in the first half of all school term holidays in even numbered years and each alternate year thereafter and with the Mother for the second half of all those holidays.

4.2. The child shall spend time with the Father in the second half of all school term holidays in odd numbered years and each alternate year thereafter and with the Mother for the first half of all those holidays.

During Term 4 Summer school holiday until the X turns 6

4.3. The child shall spend week about time with the parties with the first 7 consecutive nights commencing on the first day of the summer holiday with the father and alternating each week for the remainder of the term 4 holiday.

For all school holidays thereafter

4.4. The child shall spend time with the Father in the first half of all school holidays in even numbered years and in alternate years thereafter and with the Mother for the second half of all those holidays;

4.5. The child shall spend time with the Mother in the first half of all school holidays in odd numbered years and in each alternate year thereafter and with the father for the second half of all those holidays.

Changeover

1. For the purpose of these Orders, changeover shall occur via the child's preschool/school on a school day or at the other parent's residence, with the parent whose time is ceasing to deliver the child to the other parent's residence.

1. Notwithstanding any Order to the contrary, the child is to spend time during Christmas, alternating each year, as follows:

6.1. With the Mother from 9.00am Christmas Eve to 3.00pm Christmas Day in even numbered years and every alternate year thereafter; and

6.2. With the Father from 3.00pm Christmas Day to 7.30pm Boxing Day in even numbered years and every alternate year thereafter; and

6.3. With the Father from 9.00am Christmas Eve to 3.00pm Christmas Day in odd numbered years and every alternative year thereafter; and

6.4. With the Mother from 3.00pm Christmas Day to 7.30pm Boxing Day in odd numbered years and every alternate year thereafter.

1. That notwithstanding any Order to the contrary, if the child is not already spending time with the Father pursuant to these Orders, the child is to spend additional time with the Father on Father's day from 9.00am to 4.00pm.
2. Notwithstanding any Order to the contrary, if the child is not already living with the Mother pursuant to these Orders, the child is to spend additional time with the Mother on Mother's day from 9.00am to 4.00pm.
3. Notwithstanding any order to the contrary, the child will spend time with the parent with whom they are not otherwise living with on their birthday for a period of 3 hours if it falls on a weekday from after school or 3.00pm to 6.00pm and for a period of 6 hours on a weekend from 9.30am to 3.30pm.

1. The party to whom the child is not living with shall be provided with video call communication with the child each Tuesday and Thursday between 6.00pm and 6.30pm with the parent to facilitate such video call communication.
2. That for the purposes of communication between the parties, the parties are to continue to communicate by the co-parenting app OFW and by way of text message only for matters of an urgent nature and limit their communication to issues relating to the child only.
3. That the parties each notify the other if the child is seriously ill or is to be admitted into hospital at such times as the child is living with that parent.
4. That in the event the child requires prescription medication to be given during the other parent's time with the child that parent is required to provide all information to the other parent.
5. Each parent is to keep the other parent advised in writing of any change of address or telephone contact number no later than 14 days before any proposed change including the details of their new residential address or new telephone contact number, such notice to be in writing (including by email or text message) or via the parenting app as suggested above.
6. That both parents are to provide the other parent with all information and correspondence that is not otherwise available to the other parent through the child's school relating to any and all sporting and school events in which the child is affiliated or participating in as soon as practicable.
7. That each parent is to do all things necessary to ensure that all schools, doctors, dentists, professional carers and any other professionals involved in the care and treatment of the child are authorised at all times to communicate with and provide information and copies of documents in relation to the child to both parents.
8. The parents are each restrained by injunction from denigrating the other parent or members of the other parent's family to the child or in the presence of the child or at all; and each parent is to remove the child from the presence of any third party denigrating the other parent or members of the other parent's family.
9. The parents are each to use their best endeavours to ensure that no other person denigrates the other parent or members of the other parent's family to the child or in the presence of the children.
10. The parents are each restrained by injunction from discussing these proceedings with or in the presence of the child or showing to the children any document connected with these proceedings.
11. The Mother and Father are each entitled to attend any school, sport, extra-curricular or other public event involving the child.

1. The child will be at liberty to travel with a party in a period of that party's care outside the Commonwealth of Australia provided the party wishing to travel provides the other party with:

21.1. Notice in writing not less than 60 days prior to departure advising of the intention to travel; and

21.2. Not less than 14 days prior to the proposed departure provide

21.2.1. A copy of return airline tickets

21.2.2. A copy of the itinerary, including:

21.2.3. Accommodation details when away;

21.2.5. agreed times when the travelling party will make the child available to communicate with the other party by telephone/skype.

1. Upon the conditions being met for travel in the preceding Orders, the non-travelling parent shall provide the travelling parent with the child's passport 7 days before departure.
2. The mother shall hold the child's Australian Passport and the Father shall hold the child's British Passport.
3. The travelling parent shall return the child's passport held by the non-travelling parent in the preceding Order to them within 14 days of returning from travel to the Commonwealth of Australia.

Annexure "B"

Father's Amended Minute of Final Property Orders Sought

PROPERTY

Property Adjustment

1. Within 7 days from the date of these Orders, the parties do all acts and things and sign all documents to distribute the proceeds of sale of the Suburb H property currently held in Broun Abrahams & Burreket Controlled Monies Account to the parties as follows:
   1. To the Respondent $300,000; and
   2. The balance to the Applicant.

1. That the joint Commonwealth Bank Accounts ending #...42 and #...54 be transferred into the Applicant's sole name and the Applicant undertakes to the Court that he shall hold such accounts on trust for X until she turns 18 years of age.

Costs in relation to the Respondent's Interim Application filed 21 October 2022

1. That the Orders of Judicial Registrar Bardetta made by Consent on 22 February 2023 be dismissed.
2. That the Respondent pay the Applicant's costs at 2/3 scale of and incidental to the preparation and attendance for the interim hearing on 7 February 2023; Judgement on 8 February 2023 and the review hearing on 14 February 2023 with such sum being $14,307.58

1. Within 7 days, the de facto Respondent pay the Applicant $3,015 by way of reimbursement for joint valuations obtained from AS Company and AT Company.
2. Except as specifically provided for by any Order to the contrary, as against the Respondent, the Applicant is the sole owner of, and the Respondent has no interest in, all personal property (including choses in action) or other property of whatsoever nature and kind in the possession or name of the Applicant at the date of the making of this Order.
3. Except as specifically provided for by any Order to the contrary, as against the Applicant, the Respondent is the sole owner of, and the Applicant has no interest in, all personal property (including choses in action) or other property of whatsoever nature and kind in the possession or name of the Respondent at the date of the making of this Order.

8. Except as specifically provided for by any Order to the contrary:

8.1. The Applicant shall indemnify the Respondent from and in respect of all actions, claims, suits and demands as may be made against the Respondent in relation to all liabilities in the name of the Applicant.

8.2. The Respondent shall indemnify the Applicant from and in respect of all actions, claims, suits and demands as may be made against the Applicant in relation to all liabilities in the name of the Respondent.

9. Each party retains their respective superannuation.

1. In the event that either party refuses or neglects to execute any deed, document or instrument necessary to give effect to these Orders, the Registrar of the Court be appointed pursuant to Section 106A of the Family Law Act to execute such deed, document or instrument in the name of the said party and do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of affidavit.

11. That the Respondent pay the Applicant's costs of and incidental to these proceedings.

1. That declarations be made pursuant to section 90RD of the Family Law Act 1975 (Cth) (the Act)

1.1. The parties lived in a de facto relationship between January 2020 and 12 August 2021;

1.2. The child X born in 2020 (X) is a child of the de facto relationship;

1.3. The Respondent made substantial contributions of the kind referred to at sections 90SM(4)(a),(b) and (c) of the Act.

2. That pursuant to Section 90SM of the Act:

2.1. That within 7 days of the date of this Order the Applicant and Respondent do all such acts and sign all such documents necessary to pay the entirety of the funds held in Broun Abrahams Burreket Lawyers ACN ... ITF Ms Quint & Mr Beeston Controlled Monies Account (BSB ... account number ...97) to the Respondent.

2.2. That within 42 days of the date of this Order the Applicant pay to the Respondent such further cash sum as is necessary for the Respondent to receive 50% of the combined net property and superannuation of the parties.

2.3. That within 28 days of the date of this Order:

2.3.1. The parties do all acts and things necessary to close the joint CBA COIA account #...64 and pay the funds held in that account to the Respondent;

2.3.2. The Applicant do all act and things and sign all documents necessary to transfer his interest in all shares held by him in the Commsec Share portfolio account #...42 to the Respondent;

2.4.1. the Applicant hereby indemnifies the Respondent from and in respect of all actions, claims, suits and demands as may be made against the Respondent in relation to all liabilities in the name of the Applicant;

2.4.2. the Applicant hereby indemnifies the Respondent from and in res claims, suits and demands as may be made against the Applica liabilities in the name of the Respondent; and

2.4.3. the Applicant and Respondent shall be solely entitled to the excl to all property and chattels of whatsoever nature and kind ownership or control of each party as at the date of this Order including but not limited to superannuation entitlements.

1. That for a period of 3 years by way of spouse maintenance the Applicant shall pay, or cause to be paid to the Respondent, the sum of $1,145 per week, the first payment to be made within 7 days of the date of this Order and thereafter paid weekly in advance directly into a bank account nominated by the Respondent.
2. The sum provided for in Order 3 shall be varied on and from 1 July in each year following the making of these orders with the variation in the consumer price index (Sydney) as it stands on 30 June immediately preceding the date of variation as compared with the same index 12 months prior to that date.

1. Pursuant to Section 117 of the Child Support Assessment Act 1989 there be a departure from the administrative assessment of child support such that the Applicant will pay:

5.1. Periodic child support to the Respondent for the child in the sum of $1, 1221 per week; and

5.2. Non-periodic child support expenses in respect of the child as and when they fall due or within 14 days of being provided with receipts by the Respondent as follows:

5.2.1. All costs associated with the child's attendance at AA Child Care or such other pre-school agreed to in writing by the parties

5.2.2. All costs associated with her attendance at AD School or such other school agreed to by the parties in writing from Kindergarten 2026 onwards including but not limited to tuition fees, building levies, uniforms, excursions and school camp costs, and co-curricular activity costs;

5.2.3. All private health insurance premiums necessary to maintain private health insurance for the child at the existing level or on a different plan but at a level of cover not less than equivalent to that provided for under the current private health insurance policy;

5.2.4. Any gap medical, dental, orthodontic, hospital, physiotherapy, podiatry, psychiatric or other medical specialist fees or expenses in respect of the child which are not covered by Medicare and/or the child's private health insurance policy.

1. The Applicant be and hereby is restrained from making an application for a change of administrative assessment and/or seeking credit against the administrative assessment on account of the expenses paid as set out in Order 5 above.

1. That the Respondent have sole parental responsibility for X born in 2020 ("the child").

9. That the child spend time with the Applicant as follows:

9.1. That from the date of these Orders until the child commences at 3 day a week preschool at AA Child Care in January 2025:

9.1.1. Each Wednesday from 8.15am to 4.30pm, provided the Applicant is not working and available to care for the child and if he is not available to care for her from 3pm until 6:30pm;

9.1.2. Each alternate weekend from 8: 15am Saturday until 12pm Sunday;

9.2. That from when the child commences 3 days a week at AA Child Care until 2 November 2025:

9.2.1. Each Wednesday from after preschool (or 3pm if not at pre-school) until 6:30pm;

9.2.2. Each alternate weekend from 8:15am Saturday until 12pm Sunday;

9.3. That from 2 November 2025 until 2 November 2026 during school term time the child spend time with the Applicant as follows:

9.3.1. Each alternate weekend from 8:15am Saturday to 6pm Sunday;

9.4. That from 2 November 2026 to 2 November 2027 during school term time the child spend time with the Applicant as follows:

• 9.4.1. Each Wednesday from after school to 6:30pm;
• 9.4.2. Each alternate weekend from after school on Friday (or 3pm if a to 6pm Sunday;

9.5. That from 2 November 2027 onwards during school term time the chil spend time with the Applicant as follows:

9.5.1. Each alternate Wednesday from after school to 6:30pm;

9.5.2. Each alternate weekend from after school on Thursday (or 3pm if a non-school day) to 6pm Sunday;

9.6. During school holiday periods once the child commences at school as follows:

9.6.1. For Term 1, 2 and 3 2026 school holiday periods:

(a) For 2 periods of 2 days (including 1 overnight) commencing at

8: 15am on day 1 and concluding at 6pm on day 2, with such periods to be agreed between the parties and failing agreement on the first weekend and last weekend of the holiday period;

9.6.2. For the 2026/2027 Christmas school holiday period:

(a) For 4 periods of 2 days (including 1 overnight) commencing at

8:15am on day 1 and concluding at 6pm on day 2, with such periods to be agreed between the parties and failing agreement on the first weekend of the school holiday period and each alternate weekend thereafter;

9.6.3. From 2027 onwards for the Term 1, 2 and 3 school holiday periods:

(a) For 2 periods of 3 days (including 2 overnights) commencing at

8:15am on day 1 and concluding at 6pm on day 3, with such periods to be agreed between the parties and failing agreement on the first weekend and last weekend of the holiday period;

• 9.6.4. From 2027 onwards during the Christmas school holiday periods:

(a) For 4 periods of 3 days (including 2 overnights) commencing at 8:15am on day 1 and concluding at 6pm on day 2, with such periods to be agreed between the parties and failing agreement on the first weekend of the school holiday period and each alternate weekend thereafter;

9.7. On the child's birthday for 3 hours as agreed by the parties in writing and failing agreement from after school (or 3pm if a non-school day) to 6pm;

9.8.1. If it falls on a weekday for 3 hours as agreed by the parties in writing and failing agreement from after school (or 3pm if a non-school day) to 6pm;

9.8.2. If it falls on a weekend as agreed by the parties in writing and from 9am to 4pm.

9.9. On Father's Day as agreed by the parties in writing and failing agreement from 9am to 4pm;

9.10. On Christmas Day as agreed by the parties in writing and failing agreement from 8am to 12pm;

1. Notwithstanding Order 9 above, the Applicant's time with the child pursuant to these Orders be suspended and the child spend time with the Respondent:

10.1. on Mother's Day as agreed by the parties in writing and failing agreement from 9am to 4pm.

10.2. In January 2025 when the Respondent is permitted to travel to Country AH with the child on the basis that the Respondent provide to the Applicant not less than 14 days prior to the proposed travel copies of return airline tickets, itinerary and contact details for the duration of the holiday.

1. That all changeovers that do not occur at school or pre school shall be effected by the Applicant collecting the child from the Respondent's home at the commencement of time period and the Respondent collecting the child from the Applicant's home at the conclusion of her time with the Applicant.
2. That all changeovers that do not occur at school or pre-school shall be effected by the Applicant or Ms GG collecting the child from the Respondent's home at the commencement of time period and the Respondent or Ms HH or Mr D collecting the child from the Applicant's home at the conclusion of her time with the Applicant.
3. That the child attend AD School from Kindergarten 2026 or such other private school as agreed between the parties.
4. Each parent agrees to working with one another to facilitate a smooth transition for the child at changeovers. For that purpose, the parents commit to:

14.1. Communicating with each other in a respectful and courteous manner and minimising any conflict, particularly in the presence of the child; and

14.2. Allowing for sufficient time, as appropriate, to comfort the child, and for the child to say goodbye to each parent upon the commencement and conclusion of her time with the father.

1. That for the purposes of communication between the parties as to issues involving the child, the parties and the Applicant's partner shall use Our Family Wizard parenting app unless in an emergency at which point the parties are to either call/SMS the other party and both parties shall maintain their subscription with the parenting app un less as otherwise agreed by the parties in writing.
2. That the parties each notify the other as soon as reasonably practicable if the c or is to be admitted into hospital at such times as the child is living with that parent.
3. That in the event the child requires prescription medication to be given during time with the child that parent is required to provide all information to the other parent.
4. Each parent is to keep the other parent advised in writing of any change of address or telephone contact number no later than 14 days before any proposed change including the details of their new residential address or new telephone contact number, such notice to be in writing (including by email or text message) or via the parenting app.
5. That each parent is do all things necessary to ensure that all schools, doctors, dentist, professional carers and any other professionals involved in the care and treatment of the child are authorised at all times to communicate with and provide information and copies of documents in relation to the child to both parent.
6. That any nanny or babysitter engaged by either parent is to be provided with the contact phone number of the other parent, in the event there is an issue and the parent who the child is with is unable to be contacted at that time.

21. That each of the parties be and hereby are restrained from:

21.1. denigrating or criticising the other or discussing these proceedings in the presence or hearing of the child and from permitting the child to remain in the presence or hearing of another person denigrating the other parent;

21.2. assaulting, harassing, threatening or intimidating the other parent and/or each of the children;

21.3. consuming alcohol in excess of a blood alcohol concentration exceeding the maximum limit in order to legally drive on public roads in New South Wales when the child is in their presence and for 24 hours before the child is spending time them in accordance with these Orders.

21.4. using any prohibited drugs during the period the child is in their care or for 72 hours prior to the child being in their care.

21.5. administering any form of physical discipline to the child and/or administering any physical conduct that restrains the child's movement in any way, or permitting any third person from doing so.

1. That pursuant to s 28(1) of the Births, Deaths and Marriages Registration Act 1995 (NSW), the parties agree to sign all documents and do all things necessary to jointly apply to the Registrar of Births, Deaths and Marriages for the State of New South Wales so that the child registered as X born in 2020 now be registered as X BEESTON-QUINT.
2. That pursuant to s.650(2) of the Family Law Act, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contr orders are set out in the Fact Sheet, attached hereto and these particulars are i orders.

24. That the Applicant pay the Respondent's costs of and incidental to these proceedings.

[1] Father's written submissions filed 24 September 2024, paragraphs 17.1-17.13.

[2] Father's written submissions filed 24 September 2024, paragraph 17.3.

[3] Father's written submissions filed 24 September 2024, paragraph 17.4.

[4] Father's written submissions filed 24 September 2024, paragraph 17.6.

[5] Mother's affidavit filed 23 April 2024, paragraph 327.

[6] Father's written submissions filed 24 September 2024, paragraphs 17.17 and 17.24-17.25.

[7] Father's affidavit filed 9 April 2024, Annexure "MRB-16".

[8] Father's written submissions filed 24 September 2024, paragraphs 17.30-17.50.

[9] Father's written submissions filed 24 September 2024, paragraphs 17.59-17.74.

[10] Father's written submissions filed 24 September 2024, paragraphs 17.67-17.69.

[11] Father's written submissions filed 24 September 2024, paragraphs 17.82-17.84.

[12] Father's written submissions filed 24 September 2024, paragraphs 17.120-17.121.

[13] Father's written submissions filed 24 September 2024, paragraphs 17.127-17.129.

[14] Father's written submissions filed 24 September 2024, paragraphs 17.135-17.136.

[15] Mother's written submissions filed 9 October 2024, paragraph 24.

[16] Mother's written submissions filed 9 October 2024, paragraph 29.

[17] Mother's written submissions filed on 9 October 2024, paragraphs 28-30.

[18] Mother's written submissions filed 9 October 2024, paragraphs 55.1-55.3.

[19] Mother's written submissions filed 9 October 2024, paragraph 55.4.

[20] Mother's written submissions filed 9 October 2024, paragraph 55.5. Transcript 11 July 2024, p.208 line 32 to p.209 line 10.

[21] Mother's written submissions filed 9 October 2024, paragraph 55.6.

[22] Mother's written submissions filed 9 October 2024, paragraph 55.8-55.8.6.

[23] Transcript 10 July 2024 p.135 line 43 to p.136 line 8; See also father's affidavit filed 9 April 2024, paragraphs 152-157 and father's affidavit in reply filed 30 April 2024, paragraph 67.

[24] Transcript 11 July 2024, p.208 line 32 to p.209 line 10.

[25] Transcript 11 July 2024, p.211 lines 12-28.

[26] Transcript 12 July 2024, p.308 lines 34-47.

[27] Father's affidavit filed 9 July 2024, paragraphs 5-6.

[28] Transcript 10 July 2024, p.109 line 26.

[29] Transcript 10 July 2024, p.185 lines 8-35.

[30] Transcript 10 July 2024, pp.180-183.

[31] Transcript 10 July 2024, p.154 lines 27-38.

[32] Transcript 12 July 2024, p.263 lines 5-9.

[33] Transcript 11 July 2024, p.239 lines 16-17.

[34] Father's written submissions filed 24 September 2024, paragraphs 17.120-17.131.

[35] Father's written submissions filed 24 September 2024, paragraph 10.

[36] Transport Commissioner (Tas) v Neale Edwards Pty Ltd [1954] HCA 21; (1954) 92 CLR 214 at 233; Beaumaris Football Club v Hart and Bayside City Council v Hart [2017] VSCA 226 (Osborn, Beach and Kaye JJA) at [93].

[37] Father's written submissions filed 24 September 2024, paragraph 13.

[38] Mother's affidavit filed 8 July 2024, paragraphs 4-6. See also Dr AM's Single Expert Report dated 5 June 2024, paragraph 63.

[39] Mother's affidavit filed 23 April 2024, paragraph 92.

[40] Transcript 10 July 2024, p.92 lines 31-32.

[41] Transcript 10 July 2024, p.107 lines 44-46.

[42] Mother's affidavit filed 8 July 2024, paragraph 38.

[43] Affidavit of Ms AC filed 23 April 2024, paragraph 8.

[44] See Expert Report by Dr AM dated 27 June 2024, paragraphs 159-160.

[45] Transcript 30 July 2024, p.663 lines 43-45.

[46] Transcript 30 July 2024, p.666 line 7.

[47] Transcript 30 July 2024, p.666 lines 15-20.

[48] Expert Report of Dr AM dated 5 June 2024, paragraph 157.

[49] Re W (Children) [2012] EWCA Civ 528 at [11]. See also Laurence v Ross at [137].

[50] Transcript 10 July 2024, p.106 lines 34-36.

[51] Transcript 10 July 2024, p.154 lines 12-22.

[52] Transcript 10 July 2024, p.100 lines 31-33.

[53] Transcript 11 July 2024, p.225 lines 1-4.

[54] Transcript 12 July 2024, p.262 lines 25-28.

[55] Transcript 12 July 2024, p.256 lines 19-26.

[56] Transcript 12 July 2024, p.259 lines 24-26.

[57] Father's written submissions filed 24 September 2024, paragraph 20.

[58] Father's written submissions filed 24 September 2024, paragraph 17.13. See also Mother's affidavit filed 23 September 2024, paragraph 151.

[59] Zao & Lee [2019] FamCAFC 169 at [48].

[60] Bevan & Bevan [2013] FamCAFC 116; (2013) FLC 93-545; Schaars & Schaars [2023] FedCFamC1F 12 at [21].

[61] Dickons & Dickons (2012) 50 Fam LR 244 ("Dickons") at [24] and [26]. See also Jabour & Jabour [2019] FamCAFC 78; (2019) FLC 93-898 ("Jabour") at [86].

[62] Dickons at [20] citing Aleksovski v Aleksovski [1996] FamCAFC 111; (1996) FLC 92-705 at 83,437.

[63] Norbis & Norbis [1986] HCA 17; (1986) 161 CLR 513 ("Norbis") at 522 (Mason and Deane JJ), as applied in Clives and Clives [2008] FamCAFC 172; (2008) FLC 93-385 at [41], [44]-[45].

[64] Franklin & Franklin [2010] FamCAFC 131 at [177] (Boland and Thackray JJ).

[65] Jabour at [73]-[87], as applied in Horrigan & Horrigan [2020] FamCAFC 25 at [42]-[48].

[66] Mallet & Mallet [1984] HCA 21; (1984) 156 CLR 605 at 625 (Mason J); Teal & Teal [2010] FamCAFC 120 at [36] (Finn, Boland and Dawe JJ); Van der Linden & Kordell [2010] FamCAFC 157 at [90].

[67] Clauson and Clauson [1995] FamCA 10; (1995) FLC 92-595 at 81,911, as applied in Trevi & Trevi (Re-exercise) [2019] FamCAFC 51 at [48].

[69] T & T [2000] FamCA 314; (2000) FLC 93-023 at [114].

[70] Petruski & Balewa [2013] FamCAFC 15; (2013) 49 Fam LR 116 at [49], citing Lovine & Connor [2012] FamCAFC 168; (2012) FLC 93-515 at [40]-[41].

[71] Dickons at [14]-[22]; Jabour at [31]-[87]; Dovgan & Dovgan [2021] FamCA 306 at [347].

[72] While the mother's proposed Minute of Order refers to account #...64, the balance sheet refers to account #...54. It appears that the balance sheet reflects the correct account number.