Gazin & Gazin (No 2) [2025] FedCFamC2F 1722 (4 December 2025)

(1) Subject to subsection (2) of this section, subsection 102QAB(6) and sections 114UD and 114UE, each party to proceedings under this Act is to bear the party's own costs.

(2) If, in proceedings under this Act, the court is of the opinion that there are circumstances that justify it in doing so, the court may, subject to subsection (3) of this section, sections 114UC and 114UD and the applicable Rules of Court, make any order for costs and security for costs that the court considers just, whether by way of interlocutory order or otherwise.

(3) In considering what costs order (if any) should be made, the court must have regard to the following:

(a) the financial circumstances of each party to the proceedings;

(b) whether any party to the proceedings is receiving assistance by way of legal aid in respect of the proceedings and, if so, the terms of the grant of the assistance to that party;

(c) the conduct of the parties to the proceedings in relation to the proceedings including, without limiting paragraphs (a) and (b), the conduct of the parties in relation to pleadings, particulars, discovery, inspection, directions to answer questions, admissions of facts, production of documents and similar matters, and in relation to their duty of disclosure under subsection 71B(1), 90RI(1) or 90YJA(1);

(d) whether the proceedings were necessitated by the failure of a party to the proceedings to comply with previous orders of the court;

(e) whether any party to the proceedings has been wholly unsuccessful in the proceedings;

(f) whether a party to the proceedings has made an offer in writing to the other party to the proceedings to settle the proceedings and the terms of any such offer;

(g) such other matters as the court considers relevant.

(4) A party to the proceedings may make an application for costs:

(a) at any stage during the proceedings; or

(b) within 28 days after the final order in the proceedings is made.

(5) The court may order that a party is entitled to costs:

(a) of a specific amount; or

(b) as assessed on a particular basis (for example, party and party, solicitor and client or indemnity); or

(c) to be calculated in accordance with the method stated in the order; or

(d) for part of the proceedings, or part of an amount assessed in accordance with the applicable Rules of Court.

(6) If the court makes a costs order but does not specify the method for the calculation of the costs, the costs are to be assessed on a party and party basis.

(7) Subject to subsection (3), the court may make a costs order in favour of, or against, a party to the proceedings regardless of the degree to which the party has been successful in the proceedings.

1. I acknowledge the starting point of section 114UB(1). As at the time of the May 2025 interim hearing, the proceedings had already been fixed for final hearing in September of 2025. Despite that, the Father pressed for an interim hearing. There were already interim orders in place. Despite that, the Father pressed for a further interim hearing. He got one. The result was that the existing interim orders were left in place, but specific school term holiday dates for the remainder of 2025 were determined, and the proved to be unnecessary HFT test order was made. Hence, the Father was not entirely unsuccessful at the interim hearing because he ended up with an order for the Mother to undertake a HFT when he paid for it. But he then did not follow through with the HFT.
2. Further, the Father did obtain specified orders as to school term holidays for 2025. However, the 30 April 2024 orders already provided for school term holidays. I was not and am not satisfied that without the orders specifying precisely the school holiday period that the Mother would not have accommodated sensible school holiday arrangements within the parameters of the existing orders.
3. The point of most importance in the interim application was the Father seeking to take the children to Country B to live on an interim basis. Sensibly, the Father did not pursue that point when the matter was listed.
4. The same matters could equally apply under the heading of the "conduct... to the proceedings". I apply those circumstances to the provisions of section 114UB(3)(c) and (g). The circumstances mean that a departure from the "each pays their own" provisions of section 114UB(1) is well warranted. The Father should pay $4,606.18 to the Mother on account of costs of the inutile May interim hearing to compensate the Mother and I will so order.
5. As can be seen from the nature of the resistance to the divorce order described above, the Father was not only entirely unsuccessful in opposing the divorce order, but he conceded and agreed with all of the essential elements of the requirements of the Act for a divorce. This opposition to the divorce application was unreasonable and based on the most tangential arguments that merely related to his own concerns with finalised financial matters. The modest costs order pressed relating to the divorce application is well justified to merely compensate the Mother's legal expenses of the divorce proceedings and justifies a departure from the section 114UB(1) starting point. It is fortunate that the Mother represented herself for part of the divorce proceedings. The Father should pay $1,700.00 to the Mother on account of the contested divorce order proceedings to compensate the Mother and I will so order.
6. That costs order does not compensate for the trouble and stress that the unreasonable opposition to the divorce order will have caused the Mother.

1. Following the preparation of these reasons, including paragraph 155, on 4 December 2025 at 9.50 am a further email was received by my associates, CC'd to the Mother's lawyers. That email will be marked as Exhibit F11 - 4 December 2025. That email asserted as follows:

Dear Associate and [...],

Please note on 1st December 2025 [City Q] time (2 December 2025 AEDST) I was verbally informed by my manager of significant changes related to my employment in [City Q] and possibly [Country B]. I have requested and am awaiting written correspondence related to this matter with my employer, but at this time have not yet received it.

This is extremely prudent to outcome of the family matter to be decided by his honour in his orders scheduled for tonight [City Q] time. I wanted to provide you with more concrete details, however I am still in the dark myself and am awaiting next steps and written confirmation from my employer.

I will inform you of any more changes once I am clear of the next steps.

Regards,

[Mr Gazin]

1. This email was received the day after my associates advised me of the Father's email requesting to delay the judgment (on the grounds of unfairness to him because of the Mother changing her position in final address). This is part of the events described earlier in these reasons and concluding at paragraph 32. The email confirming that the matter remained listed for delivery of orders and reasons asserted as follows:

...

His Honour has treated the below email of [Mr Gazin] as an application to adjourn the delivery date. We advise that the application of the Father be and is dismissed, with the order and reasons for such decision included in the substantive judgment.

...

1. I acknowledge the request to adjourn the delivery of reasons. I am not satisfied that it is in the interest of justice or that further delay would promote the best interests of the children.
2. The statement about being informed about significant changes related to his employment (Exhibit F11) must be seen in the context of the Father's evasive and obfuscatory evidence about his employment and his employment contract in the face of being pressed over and over for ordinary everyday details about such employment.
3. Further, I repeat that the litigation was conducted on the basis of being final orders and not conducted on the basis that the orders related only to whatever period (notwithstanding that was not known to the Court or the Mother because of the limited information about that employment) the Father was in his current employment in Country B. The circumstance that employment may end overseas or locally is an ordinary everyday circumstance. Further, even if one overseas employment contract or arrangement terminates (the Father has not adequately disclosed just what that arrangement is), the ordinary experience of humanity and the apparent logic of events would mean that it is possible that the Father would consider other available employment including other employment available in Australia and overseas. Hence, the notice provisions that I have determined would need to continue to apply. In that circumstance, the parties conducted their litigation as they chose, that is, that the orders each sought were not to cover only the period while the Father worked overseas, but rather, finally.
4. Further, Christmas and the long summer holidays approaches and there is a lacuna in the existing orders to deal with those important events.
5. In those circumstances, I will regard and treat the Father's email of 4 December (Exhibit F11) as an application to adjourn the listed judgment so that the Father can consider whether or not to provide evidence.
6. I consider the application in the light of the unsatisfactory evidence about his employment that the Father gave and did not give when pressed about it. I take into account the lack of evidence and detail the Father provided in evidence in chief about his employment overseas. I take into account that it was on 3 December 2025 that the Father sought a delay for the reasons of judgment on a different ground and after the Father had, on his account, been advised of "significant changes related to [his] employment in [City Q] and possibly [Country B]." Shortly before the matter was listed for judgment, a further email was received from the Father. That will be Exhibit F12.
7. When the matter was called over for judgment, I inquired of the Mother's lawyers whether or not the implied application for adjournment or delay of the decision was opposed. I was advised it was opposed. I inquired of the Father of what further submission or application he had or wanted to make. He did not press any further matter but, courteously, wanted to clarify whether I was waiting on anything from him. I was not. I did not hear anything from the Father that would warrant delaying these orders and reasons. I dismiss each of the applications, including the implied application, to delay the judgment for the reasons stated.
8. Those are my reasons for the orders I have made.

I certify that the preceding two hundred and five (205) numbered paragraphs are a true copy of the Reasons for Judgment of Judge O'Shannessy.

By the end of the final hearing the Father sought the following orders:

1. That the mother to have sole medical responsibility for the children of the marriage ("the children"):

a) [X] born [in] 2011

b) [Y] [born in] 2013

c) [Z] born [in] 2016 .

1. The parties have joint decision-making responsibility for education, living arrangement, significant changes and any other changes to the decision making that affect the children.
2. The mother will keep the Father informed of any medical issues, decisions that affect the children.

4. The children live with the mother.

5. The children spend time and communicate with the Father as follows:

a) Conditional upon the Father being in Australia and providing two (2) week's written notice as to the date that he is returning to Australia:

1. Each alternate weekend from the conclusion of school Friday to the commencement of school Wednesday, on non-school days commencing 9:00am and ending 9:00am the end of the agreed days.
2. Each alternate Tuesday from the conclusion of school until 8.00pm
3. Father's Day each year from 5pm the evening prior to Father's Day until 5pm Father's Day.
4. Half of all school holiday periods noting the following :

(1) For end of term holidays (usually in April, July and September) it shall be the Friday of close of school term until 5PM on the following Saturday night.

(2) For end of year holidays (usually in December) it shalt be from end of school term until the fourth Saturday at 5PM ( total of approximately 4 weeks}, with a break for the Christmas period as stated in paragraph 5(v) below.

1. For Christmas, from 4:00pm on Christmas Eve until 4 :00pm on Christmas Day in even years and from 4:00pm on Christmas Day until 4 :00pm on Boxing Day in odd years.

2. On each of the children 's birthdays each year, where the children are not otherwise spending time with the Father, as agreed and , failing agreement, from the conclusion of school until 7:30pm , or if on a non-school day, from 10:00am until 5 :00pm.

3. For the [Country C] New Year which falls [in] but that sometimes celebrations may fall on a different day so that all the family can be in attendance, with the Father providing the mother with notice at least one (1) week's prior to the celebration date.

4. For any other special occasions as agreed between the parties in writing.

   b) When the Father is overseas by electronic communication each Tuesday afternoon between 3.45pm and 4.45pm with the Father placing the call to the children or at such other regular time that is agreed between the parties taking into consideration the children 's school and extracurricular activities , the parent's work obligations and the parties time zones.

c) At any other times as may be in agreed between the parties in writing .

6 . The Father's time with the children be suspended as follows:

a) From 5pm on the day before Mother's Day to 5pm on Mother's Day ;

1. . Given the Father's commitments overseas, the parties shall confer every six (6) months to establish a schedule for the forthcoming six (6) months. During this process, the Father shalt confirm and commit to the specific weeks he intends to be in Australia . In the event that the Father's time in Australia is unavoidably reduced , the parties shall consult each other, and in consideration of the best interests of the children, agree to a make-up period of time equivalent to the time lost, to be taken with in the following six (6) months. The parties shall use their best endeavours to give effect to the intent of these orders and , if necessary, attend a Family Dispute Resolution conference to facilitate agreement on any required adjustments to the parenting arrangements.

2. That the Father will notify the mother no later than 48 hours after he returns to Australia his intended departure date if he is leaving the country again and both parties be at liberty to inform the children of such date, so they are prepared for the Father's departure.

3. Both parents shall make best efforts to take the children to all extracurricular activities (including but not limited to training and sports practices) and school commitments and events during periods the children are in their care.

4. That neither parent will enroll the children in any new extracurricular activities that affect the time the children are spending with the other parent without first receiving written agreement from the other parent, such agreement to include but not be limited to:

a) Defining who is to pay for the enrolment

b) Defining who is to purchase and maintain any equipment

c) who will be transporting the children to the events

d) that both parties will be enrolled as emergency contact with such organisation managing the activity.

1. That both parents will facilitate taking the children to their allied health and medical appointments should same fall during times the children are in their care and specifically that both parents ensure that [X] attend her allied health and medical appointments including but not limited to occupational therapy, speech therapy , orientation and mobility, counselling and support skills courses and any further recommenced allied health or other courses to assist her to improve her life.

2. That both parents shall be permitted to contact the children via telephone or other electronic face to face communication, Facetime , SMS and email at all reasonable times, and the other parent do all necessary things to facilitate such communication.

3. All changeovers occur at school on days that school is in session and on non-school days the mother will deliver the children to the Father's residence at the commencement of time being spent and the Father will deliver the children to the mother's residence at the conclusion of time being spent.

4. Each party be permitted to travel overseas with the children (or individual children) during the times the children are in their care and to that end all parties will do all things and sign all documents to secure any travel documents for the children .

5. If either of the parents are seeking to take the child/ren overseas the travelling parent shall provide in writing to the other parent no later than thirty (30) days prior to travel , notice of the following: -

   a) The countries to which the children will travel and with whom the children will travel together with an itinerary including the airline information;

   b) A contact telephone number upon which the children and the travelling parent may be contacted; and

   c) The address/es at which i t is proposed the children shall reside whilst overseas.

6. In the event that either party wishes to take the children or either of them interstate during their time with the children the travelling parent shall provide:

a) Two (2) weeks' notice of their intention to travel interstate; and

b) Within seven (7) days of interstate travel, provide the non-travelling parent, copies of itineraries, accommodation and contact details for the children .

1. The children's passports shall be held with the mother unless required for use by the children and/or Father.

18. In relation to the passports:

a) The mother shall provide the children's passports to the Father within twenty one (21) days of written request should the documents be required to obtain travel documents such as visas or identity validation related matters.

b) The mother shall provide the children's passport to the Father seven (7) days prior to such travel and

c) the Father shall return the children 's passports and identification documents to the mother within seven (7) days of return to Australia.

d) The cost of renewal of passport and visas shall be jointly paid for by mother and Father at the time of renewal. The mother is to inform the Father in writing one hundred and eighty (180) days prior to expiration of any of the children 's passports to allow both parties sufficient time to make plans and obtain new documents.

1. The parents shall do all things and sign all documents to authorise any educational institution or extra curricular provider which the children attend from time to time to provide to each of the parents at each parent's individual expense copies of all school reports, sporting fixtures, notices, photographs, order forms and any other documents ordinarily forwarded to parents.
2. That the parties do all things and sign all documents to enroll both parents in any electronic communication between the school or extracurricular activity facilitators and parents which would normally be accessed by parents save that if the school or extracurricular activity can only facilitate one parent being enrolled in any electronic communication that the parent to be enrolled will be the mother and she will ensure that any notices, calendar details, memorandums, emails or any other type of correspondence, will be copied and forwarded to the Father within 24 hours of receiving same.
3. Both parents will be entitled to attend all extracurricular and school activities normally attended by a parent including but not limited to school concerts, sporting events, parent teacher interviews or working bees and such attendance can occur whether or not the children are in their care on the date of the event.
4. The parties shall, as soon as possible, inform the other of any serious illness or injury sustained by the child/ren whilst in their care and

a) provide the details of the treating doctor or hospital

b) authorise any treating doctor or hospital staff to discuss the child/ren diagnosis, prognosis and treatment with the other parent

c) both parents be entitled to be in attendance at the time of such treatment.

1. Each parent shall forthwith notify the other parent in writing of any change of telephone number, residential address and /or email address and provide the other parent with details of same within 24 hours of such change.

2. In the event the parties need to communicate with each other regarding the children they shall do so in a respectful and polite manner. In case of emergencies, the responsible parent will inform the other parent of any issues that need to be bought to their attention, as soon as possible.

3. The parties be and hereby restrained from: -

   a) Denigrating the other parent, their family or partner to or in the presence or hearing of the children or permitting any other person to do so;

   b) Using the children to relay messages in relation to changing or varying the orders.

4. That both parents shall ensure that they provide for the child ren 's day to day needs whilst the children are in their care including but not limited to clothing, hygiene products, chargers and toys. That both parents ensure that should the children bring "one off' items such as sporting equipment, special toys , school equipment or iPads to the other parents home these items will be returned to the parent who bought the item at the end of each visitation period .

5. The Father is currently enrolled into ·tuning into kids' online program (https://tuningintokids.org.au\[...\]/). The Father and mother both agree to complete the full program online by 30 September 2025 and will provide each other with written confirmation of course completion, seven (7) days after the 30 September 2025.

6. All times noted , unless otherwise stated are for Melbourne, Victoria , Australia.

7. That the proceedings be removed from cases awaiting final determination in the courts and that the Final hearing listed for the 1st September be vacated.

By the end of the final hearing, the Mother sought the following orders:

1. That the mother have sole parental responsibility and sole decisions making for the long term decision making for the children of the marriage:

(a) [X] born [in] 2011

(b) [Y] [born in] 2013

(c) [Z] born [in] 2016.

2. The children live with the mother.

1. The children spend time and communicate with the Father as follows conditional upon order 4 herein:

(a) During school terms as agreed between the parties in writing and failing agreement for one weekend per month from conclusion of school Friday until the commencement of school Monday commencing on either the first or last weekend of the month as nominated by the mother.

(b) During school term holidays as agreed between the parties in writing and failing agreement from 10am on the Saturday following the last day of term until 10am on the following Saturday

(c) During the long summer vacation as agreed between the parties in writing and failing agreement from 10am on the 2nd January to 10am on the 16th January each year.

(d) For Fathers day from 5pm the evening prior to Fathers day until 5 pm Fathers day.

(e) For [Country C] new years at times agreed in writing

(f) By electronic communication each Tuesday, Victoria Australia, time between 5.30pm and 6.00pm with the Father placing the call to the children or at such other regular time that is agreed between the parties taking into consideration the children's school and extra curricular activities, the parents work obligations and the parties time zones.

1. That order 3 be conditional upon the following and failing compliance time will be forfeited:

(a) The Father providing the mother with written notice of his intention to return to Australia

(b) That such notice to include the day he will be arriving and leaving Australia.

(c) A copy of his flight tickets within by 12 pm the day after they are booked.

(d) That the notice period for 4 a will be no later than four weeks prior to the arrival date for time to be exercised in during the school term and 8 weeks prior to his arrival date for time to be exercised during the holiday periods.

5. The Father's time with the children be suspended as follows:

(a) From 4pm Christmas Eve until 9am Boxing Day each year

(b) On the children's birthdays when the children are not otherwise in the mothers care as follows:

(c) On a school day from the conclusion of school until 5.30pm

(d) On a non-school day from 10am to 2pm.

(e) From 5pm on the day before Mother's Day to 5pm on Mother's Day;

1. Both parents shall make best efforts to take the children to all extracurricular activities (including but not limited to training and sports practices) and school commitments and events during periods the children are in their care.

2. That neither parent will enrol the children in any new extracurricular activities that affect the time the children are spending with the other parent without first receiving written agreement from the other parent, such agreement to include but not be limited to :

(a) Defining who is to pay for the enrolment

(b) Defining who is to purchase and maintain any equipment

(c) who will be transporting the children to the events

(d) that both parties will be enrolled as emergency contact with such organisation managing the activity.

1. That both parents will facilitate taking the children to their allied health and medical appointments should same fall during times the children are in their care and specifically that both parents ensure that [X] attend her allied health and medical appointments including but not limited to occupational therapy, speech therapy , orientation and mobility, counselling and support skills courses and any further recommenced allied health or other courses to assist her to improve her life.

2. That both parents shall be permitted to contact the children via telephone or other electronic face to face communication, Facetime, SMS and email at all reasonable times, and the other parent do all necessary things to facilitate such communication.

3. All changeovers occur at school on days that school is in session and on non-school days the mother will deliver the children to the Fathers residence at the commencement of time being spent and the Father will deliver the children to the mothers residence at the conclusion of time being spent.

4. The mother be permitted to travel overseas with the children (or either of them) during the times the children are in her care.

5. That the mother shall be permitted by these orders to do all acts and things and sign all documents necessary to apply for a passport for the children pursuant to section 11 of The Australian Passport Act 2005 (commonwealth) including any subsequent renewal of a passport for the children and the Father's consent to the issue of the said passport shall be dispensed with.

6. That the Father be restrained by injunction from removing the children form the Commonwealth of Australia without the prior written consent of the mother and upon obtaining that consent the Father be permitted to travel overseas with the children (or either of them) during the times the children are in his care and to that end all parties will do all things and sign all documents to secure any travel documents for the children including obtaining a passport with the cost of such documents to be borne by the Father.

7. If either of the parents are seeking to take the child/ren overseas the travelling parent shall provide in writing to the other parent no later than 90 days prior to travel, notice of the following: -

(a) The countries to which the children will travel and with whom the children will travel together with an itinerary including the airline information;

(b) A contact telephone number upon which the children and the travelling parent may be contacted; and

(c) The address/es at which it is proposed the children shall reside whilst overseas.

(d) The travelling parent is to ensure that the children have medical insurance for any international travel and will provide evidence of that insurance to the other parent no later than 7 days prior to any travel.

1. The children's passports shall be held with the mother unless required for use by the children.

16. In relation to the passports:

(a) The mother shall provide the children's passports to the Father within 7 days of written request should the documents be required to obtain travel documents such as visas.

The mother shall provide the children's passport to the Father 7 days prior to such travel and

the Father shall return the children's passports and identification documents to the mother within 7 days of return to Australia.

1. The parents shall do all things and sign all documents to authorise any educational institution or extra curricula provider which the children attend from time to time to provide to each of the parents at each parents individual expense copies of all school reports, sporting fixtures, notices, photographs, order forms and any other documents ordinarily forwarded to parents.

2. That the parties do all things and sign all documents to enrol both parents in any electronic communication between the school or extracurricular activity facilitators and parents which would normally be accessed by parents save that if the school or extracurricular activity can only facilitate one parent being enrolled in any electronic communication that the parent to be enrolled will be the mother and she will ensure that any notices, calendar details, memorandums or emails will be copied and forwarded to the Father within 24 hours of receiving same.

3. Both parents will be entitled to attend all extra curricular and school activities normally attended by a parent including but not limited to school concerts, sporting events, parent teacher interviews or working bees and such attendance can occur whether or not the children are in their care on the date of the event.

4. The parties shall, as soon as possible, inform the other of any serious illness or injury sustained by the child/ren whilst in their care and

(a) provide the details of the treating doctor or hospital

(b) authorise any treating doctor or hospital staff to discuss the child/ren diagnosis, prognosis and treatment with the other parent

(c) both parents be entitled to be in attendance at the time of such treatment.

1. Each parent shall forthwith notify the other parent in writing of any change of telephone number, residential address in Australia or overseas and/or email address and provide the other parent with details of same within 24 hours of such change.
2. That the parties do all things necessary to download and enrol in the Appclose coparenting program and thereafter all parenting communication between the parents shall be through the Appclose program and should that program cease to be viable the mother will nominate a alternate coparenting application for use by the parties.
3. In the event the parties need to communicate with each other regarding the children they shall do so in a respectful and polite manner and will use a co-parenting application agreed to by the parents save in the case of emergency for the children when the parents will make best efforts to contact the other parent by any means.

24. The parties be and hereby retrained from: -

(a) Denigrating the other parent in the presence or hearing of the children or permitting any other person to do so;

(b) Discussing these proceedings in the presence or hearing of the children or permitting any other person to do so.

(c) Showing the children any documentation made in furtherance of these proceedings or the intervention order proceedings or any reports that issue in relation to either proceedings

(d) Using the children to relay messages in relation to changing or varying the orders.

1. That both parents shall ensure that they provide for the children's day to day needs whilst the children are in their care including but not limited to clothing , hygiene products, chargers and toys.
2. That both parents ensure that should the children bring "one off" items such as sporting equipment, special toys, school equipment or iPads to the other parent's home these items will be returned to the parent who bought the item at the end of each visitation period.
3. That the Father not communicate with the children with respect to any variation to the spend time arrangements until such time as there is written consent to any such variation between the parents.
4. That the Father within 7 days of the date of the orders pay to the mothers costs from the interim hearing on the 20th May 2025 in the amount of $4,606.18
5. That the Father pay within 7 days the mothers costs in relation to the divorce application in the amount of $1,700.00

• Affidavit of the Father filed 26 August 2025;
• Child Impact Report filed 30 July 2024;
• Letter of Dr D dated 22 April 2024.

• Outline of case filed 7 August 2025;
• Costs notice filed 7 August 2025;
• Amended Response to initiating application filed 5 February 2025;
• Affidavit of the Mother filed 1 August 2025;
• Financial statement filed 1 August 2025;
• Family report of Ms O filed 3 March 2025; and
• Interim Hearing judgment dated 20 May 2025.

Para 4 of email at 301 of court book (our client'), and 'at court you advised'

7 July 2025 child support assessment (court book)

Mother's table of 'care days' (pp 103 - 129 of CB)

'Overdue hearing fee notice to mother regarding hearing of divorce'

Email of 30 June attaching court's document of 25 June

18 May and 25 May emails regarding attempt at service 'no one home'

Father's email responding to divorce application after proceedings.

Father email to Chambers requesting update on delivery date

Email correspondence to parties regarding overseas orders in M3

Father email responding to C1 and also seeking a delay in judgment

Father email re: employment and seeking another delay in judgment

M3 - Mother's order sought (orders 11, 12 & 13 of M3 are abandoned and instead orders 12, 13, 15 & 16 of the Mother's amended application filed 5 February 2025 are relied upon).

Annexure 1 of Father's Affidavit - Father's orders sought

[1] Gazin & Gazin [2025] FedCFamC2F 810.

[2] I am satisfied of this on the basis of exhibit 'F9', an email sent by the Father on 23 September 2025 where he stated his intention to return to Country B in October 2025.

[4] This email chain is exhibited as C1.

[7] I relied upon these powers when dealing with the application to cross examine the child impact report writer.

[8] The report refers to "I am writing in my capacity as [the Father's] psychologist.... During our sessions..." and "In our sessions...".

[9] As at 3 September 2025 Country B $1.00 equalled AUD $1.11, discussed at Transcript Page 106.

[10] This is the day before he controversial service of the divorce application discussed earlier.