Hall v Hall

(a) during school terms each alternate week from after school Friday (or 3:15 p.m.) to before school Wednesday (or 9:00 a.m.);

(b) for one half of the school term holidays, with the father to have the first half if the children were not in his care the week before and the second half, if they had been in his care, with changeover at 5.00 p.m. on the middle Saturday;

(c) during the 2025 / 2026 Christmas Holidays, on a week-about basis during that period, with the Father's time to commence in the first week if he did not have the children the week before and the second week if he did have the care of the children the week before, with the children to be returned to the Mother at least 2 days prior to the commencement of the new school term in 2026.

1. The children otherwise spend time with the parents on special occasions as follows:

(a) on the Father's Day weekend with the father from 5:00 p.m. on the day preceding Father's Day until 8:00 p.m. on Father's Day and on the Mother's Day weekend with the mother from 5.00 p.m. on the day preceding Mother's Day until 8:00 p.m. on Mother's Day;

(b) on the children's birthdays, the children spend time with the parent with whom they would not otherwise be spending time, and in the absence of agreement:-

(i) if on a school day, from after school to 6:30 p.m.; and

(ii) if on a non-school day, from 10:00 a.m. to 2:00 p.m.,

with all three children to be made available for the time;

(c) for the parent birthdays, as agreed between the parents in writing and in the absence of agreement, the children spend time with the parent with whom they are not otherwise spending time:

(i) if on a school day, from after school to 8:00 p.m.; and

(ii) if on a non-school day, from 10:00 a.m. to 6:00 p.m. on the actual birthday

(d) for Christmas in 2025 as agreed and in the absence of agreement, with the father from 5:00 p.m. Christmas Eve to 2:00 p.m. Christmas Day, and with the mother from 2.00 p.m. Christmas Day until 5:00 p.m. Boxing Day. ;

(e) at such other times as agreed between the parents in writing.

1. Where changeover does not occur at the children's school, it will occur at the mothers residence at the commencement of the children's time and at the father's residence at the conclusion of the children's time, with the parents to remain in their respective homes and vehicles at all changeovers and the children to move between the parties.

1. If either parent runs out of medication for X, there will be a split pack of the medication available for their collection at Suburb C Pharmacy and for the purpose of same:

(a) the Mother will be responsible for taking the scripts to the Chemist;

(b) both parents will text the other once they collect their pack of medication;

(c) in the event that the Father's supply of medication for X becomes depleted, he will notify the Mother promptly in order to co-ordinate collection of same from the Pharmacy.

1. The parents will each have their own compound melatonin supply from D Pharmacy, Suburb C.
2. Both parents will ensure they have their own stock of prescribed medication for the children and that the children take their medication as prescribed under parent supervision.
3. Until further Order, the Mother will continue to make all medical and allied health appointments for the children as directed and recommended by the treating professionals and for the purpose of same:-

(a) if an appointment is scheduled during the Father's time, he will be consulted about this in writing prior to the appointment being made;

(b) all appointments will be recorded in the shared calendar and the parent with whom the child/ren is / are living at the time of such appointment will take the child/ren to that appointment;

(c) both parents are at liberty to attend those appointments irrespective as to with whom they are living at the time of the appointment;

(d) when the environmental scans are undertaken at the parties' residences, only the parent living in the home will attend that appointment;

(e) if an appointment falls during a period when the child/ren is/are in their care, it is that parent's responsibility to cancel / manage the appointment if the child cannot attend and to provide as much advance notice of this as possible to the other parent.

1. Both parents are authorised to obtain all information relating to the children's health and welfare directly from the treatment provider.
2. In the event that the child/ren is/are hospitalised, both parents are authorised to visit the child/ren in the Hospital irrespective as to with whom they are living at the time of such hospitalisation.
3. The parents be authorised to provide a copy of these Orders to all Medical and Allied Health professionals engaged with the children.

1. Each parent shall be at liberty to attend school events including, but not limited, to school concerts, parent-teacher interviews, sporting competitions and like occasions ordinarily attended by parents.
2. Each parent shall be at liberty to request the principal of any schools attended by the child/ren to provide to each of them (at their own expense if necessary) copies of all school reports, notices, newsletters, application forms for school photographs and other such notices generally received by parents.
3. The parents be authorised to provide a copy of these Orders to any school at which the children attend.

1. Both parents are at liberty to attend the extra-curricular events for the children irrespective as to with whom they are living at the time of such activity.

1. Without admitting the necessity for this Order, both parents be restrained by themselves, their servants and agents from:

(a) abusing, insulting, belittling, rebuking or otherwise denigrating the other parent or the other parent's family members or friends to the children or in the sight or hearing of the children;

(b) discussing any aspect of the family law proceedings with the children, or in the sight or hearing of the children;

(c) involving the children in the adult issues or the parenting dispute;

(d) knowingly allowing any third party to engage in conduct which is otherwise prohibited in accordance with this paragraph;

(e) arranging contact through the children.

1. The parents will communicate in writing via the AppClose Parenting App regarding the children and will utilise the shared calendar which will set out the contact arrangements for the children, medical and other allied health appointments for the children and the extra-curricular commitments of the children.
2. In an emergency concerning the children, the parents will communicate by text message or telephone.
3. The parents will exchange a message via the Parenting App each Friday summarising the key information regarding the children including their schooling, activities, medical and psychological appointments, behaviour, sleep and diet.
4. The children are at liberty to contact the parents at any other reasonable times pursuant to their express wishes.

1. The Father enrol in and complete the Tuning into Teens Parenting Program and provide to the other a copy of the Completion Certificate once available.
2. Pursuant to section 68Q of the Family Law Act 1975 (Cth) if these Orders are inconsistent with the existing Intervention Order, then this Order shall prevail to the extent of the inconsistency
3. In light of the child X's special needs, in order to ensure routine and rules are consistent across both homes:-

(a) the parties will arrange for the NDIS funded Occupational Therapist to attend at their homes before the end of each School Term to conduct the environmental scan; and

(b) the parties will meet with the NDIS Care Team annually in order to prepare the parties for Term 1.

1. The parents engage in family therapy with B Service to improve parental communication, explore how to best work together and ensure a level of consistency for the children as they live between the two households and that:

(a) The parties equally share the cost of the family therapist.

(b) The parties be at liberty to provide a copy of the Child Impact Report by Ms E dated 23 July 2025 and a copy of these Orders to the family therapist.

1. Pursuant to Section 13C(1)(b) of the Family Law Act 1975 (Cth), the parties and their legal representatives (if any) shall attend

(a) Part 1 of the confidential Court-based Family Dispute Resolution (FDR) Conference with a Registrar (as Family Dispute Resolution Practitioner) on a date to be fixed (no earlier than 1 December 2025), with each party to attend separately at times to be advised; and

(b) Part 2 of the confidential Court-based FDR Conference on a date and at a time to be fixed but not later than seven (7) days after the date referred to in order 26(a).

1. The matter shall be referred to the Executive Director - National Registrar Operations and Practice for allocation and listing of the FDR Conference dates.
2. The Father provide to the Mother's Lawyers:

(a) a copy of his Work Roster from 1 July 2025 to the 31 December 2025;

(b) a letter from his employer which confirms his current work roster and commitments and that this will continue into the future; and

(c) a copy of his Employment Contract, if such a contract exists.

1. The matter remains otherwise listed for a Conciliation Conference (in relation to property only) with Judicial Registrar McGee at 9:00am on 22 September 2025 by Webex.
2. The matter be otherwise adjourned to the Judicial Registrars List (Second Return) before Judicial Registrar Dorian at 11:30am on 23 September 2025 by Webex.

1. Unless the parties agree on the value of the property situated at G Street, Suburb C ("G Street") within 14 days from the date of these Orders, the parties will jointly engage F Company at their joint expense to value G Street.

1. The real property situated at H Street, Suburb C ("H Street") remain listed for sale with J Company.
2. The list price of H Street be such amount as is agreed between the parties in consultation with the real estate agent.
3. The sale price of H Street shall be as agreed in writing and failing agreement, any offer that is within 10% of the list price shall be accepted by the parties.
4. The parties are to cooperate in every way with the real estate agent in relation to the marketing of the property.
5. Unless otherwise by agreement between the parties and the prospective purchaser, the contract of sale for the real property provide for completion within 30- days after the date of contract of sale; and
6. Upon agreement being reached for sale of the property, the parties shall execute the contract of sale and all other documents necessary to complete the sale of H Street, including all transfer documentation forthwith upon its submission to them by the agent or their solicitor.
7. At the date of settlement, or as soon as practicable thereafter, the proceeds of sale of H Street be disbursed as follows:

(a) First, to pay all costs, commissions & expenses of the sale;

(b) Second, to discharge the mortgage and any other encumbrance secured over the matrimonial land;

(c) Thirdly to pay the Capital Gains Tax on the property (if any)

(d) Fourthly, the balance then remaining to be held in the father's solicitors trust account pending written agreement or further Court Order.

1. Once the H Street property is tenanted, the rental income will be paid straight onto the H Street Mortgage;
2. The Respondent will remain solely liable for and indemnify the Applicant absolutely with respect to the Mortgage instalments owing on the H Street property;
3. The G Street Mortgage will be paid by the Applicant.
4. The Respondent will be solely liable for and indemnify the Applicant absolutely with respect to all household bills and amenities for the H Street including insurance and Land Rates;
5. The Respondent will be solely liable for and indemnify the Applicant absolutely with respect to all household bills and amenities associated with the H Street property including insurance;
6. The Applicant will be solely liable for and indemnify the Respondent absolutely with respect to the land rates and water rates for the G Street property;
7. The parties hold their respective interests in the G Street and H Street properties upon trust for the other;
8. Save and except for the sole purpose of complying with these Orders, neither party shall further encumber the H Street and G Street properties without the consent in writing of the other party or draw on any funds in the redraw account.

1. The family dog, noise sleep machine, and the children's bags will be exchanged between the parties:

(i) at 6:00 p.m. on Friday when the Father's time with the children commences; and > > (ii) at 6:00 p.m. on Wednesday following the conclusion of the Father's time with the children.

1. During the school Holidays, at the commencement and conclusion of the Father's time with the children.
2. Orders 4 (a) to (c), 27 to 31, 40, 43 and 45 to 46 were made by consent.

1. The Executive Direction - National Registrar Operations and Practice will notify all parties and legal practitioners on the record of the date and times fixed for all parts of the FDR Conference.

1. The FDR Conference is an opportunity for the parties to make a genuine effort to resolve their parenting dispute in a confidential, child focussed setting. The parties are to be resolution focussed and respectful during negotiations, and to be mindful of the financial and emotional costs associated with prolonged litigation.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. This matter came before me as an interim defended hearing relating to both parenting and property matters.
2. The applicant mother is Ms Heath ("the mother") and the father is Mr Heath ("the father"). Although the matter also includes property proceedings for ease of reference they shall be referred to in these terms.
3. The parties are in dispute over the interim living arrangements for their children, and in relation to spousal maintenance for the mother.

1. The parties commenced living together in about 2002 and separated under the one roof in March 2024. The father left the former matrimonial home at G Street, Suburb C ("the G Street property") in June 2024.
2. The parties have three children together, X aged 16 years old, Y aged 14 years old and Z aged 11 years old ("the children").
3. The parties are in dispute about who was the primary carer of the children during the relationship. However, it is not in dispute that the children have remained living with the mother since their physical separation, and that the father initially spent time with the children at the G Street property until he found suitable accommodation in November 2024. Thereafter the father spent alternate weekends and midweek time with the children, as well as holiday time. In March 2025 the children began spending time with the father from Tuesday to Thursday each week, although, the parties are in dispute about how this came about. This changed again in school term 2 of 2025 when the children began spending time with the father on alternate weekends from Friday until sometime the following week. It seems the mother proposed four nights, whilst the father wanted shared care. There was no actual agreement, resulting in the father making arrangements through the children.
4. The mother subsequently initiated proceedings in this court on 1 May 2025.
5. In July 2025 the parties attended upon Ms E ("Ms E") for a short form family report which was released on 23 July 2025 ("the short form report") and filed in this court on 1 August 2025.
6. The father now seeks a progressive increase in time building to equal shared care. The father submits this proposal is in line with the recommendations in the short form report, albeit somewhat slower than recommended.
7. The mother agrees with a slight increase in time for the father and the children but opposes the transition to shared care prior to a final testing of the evidence at trial.
8. In regard to the interim property application, the mother seeks a payment of $500 per week by way of spousal maintenance. The father says he cannot afford to make such a payment to the mother, and that in any event, the mother has a greater earning capacity and has inflated her expenses.

1. This matter ran by way of submissions in a busy Geelong circuit which lead to a decision not being provided on the day or indeed in the remainder of that week. Being an interim hearing, I will give my reasons in short form.
2. The parties each filed an outline of case which set out the documents they relied upon. I have read each of those documents. Just because I do not refer to a specific aspect of the evidence does not mean I have not taken it into consideration.
3. As the evidence is untested, I have endeavoured to place greater weight on agreed facts and less controversial evidence, such as that contained in the short form report.
4. The parties also prepared a joint minute setting out the specific orders they seek and where they are in dispute. Following various amendments throughout the hearing this became a joint exhibit in the matter ("the proposed minute").

1. The mother says that shared care is not in the children's best interests. She says the father has continuously proposed an equal shared care arrangement, despite failing to make himself available to spend time with the children on a consistent basis.
2. The father says there is no reason the children ought not spend time on an equal basis and that mother is unreasonably controlling and limiting his relationship with the children.
3. My assessment of the evidence is that difficulties have arisen primarily due to the parties being in very different emotional places at separation. It seems the father had decided the separation was final, whereas the mother still held out hope that the parties may reconcile. It appears that they attended counselling at cross purposes. The situation was then made worse when the father re-partnered shortly after separation and introduced his new partner to the children. As a result, the mother is likely to be still grieving the former relationship and/or the family unit. It is therefore unsurprising that she appears to have had some difficulty separating from the children which led to her attending at the father's home, uninvited, and the father's subsequent intervention order ("IVO") application. It also appears the mother has involved the children in the dispute. Ms E reported the mother as saying to the children things like "Your dad is not making wise decisions at the moment"[1] and X reported that his father "does not talk about the separation or Mum, compared to Mum always talking about Dad."[2]
4. The father, for his part, has "moved on" and seems to expect the mother to now do the same. However, this fails to recognise the reality of the mother's emotional situation, and the potential impact this may have on the children.

1. In terms of the legislative pathway, best interests remain the paramount consideration when determining parenting matters. Section 60CC of the Family Law Act 1975 ("the Act") sets out the matters the court must take into consideration when assessing best interests as follows:

Determining child's best interests

(1) Subject to subsection (4), in determining what is in the child's best interests, the court must:

(a) consider the matters set out in subsection (2); and

(b) if the child is an Aboriginal or Torres Strait Islander child - also consider the matters set out in subsection (3).

General considerations

(2) For the purposes of paragraph (1)(a), the court must consider the following matters:

(a) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of:

(i) the child; and

(ii) each person who has care of the child (whether or not a person has parental responsibility for the child);

(b) any views expressed by the child;

(c) the developmental, psychological, emotional and cultural needs of the child;

(d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs;

(e) the benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so;

(f) anything else that is relevant to the particular circumstances of the child.

(2A) In considering the matters set out in paragraph (2)(a), the court must include consideration of:

(a) any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and

(b) any family violence order that applies or has applied to the child or a member of the child's family.

1. I have taken each of those matters into consideration although I will not specifically reference each one.
2. In terms of the safety of the children, the mother makes a number of allegations against the father in her material, including allegations of alcohol abuse and mental health, however these were not seriously pressed at the interim hearing. Indeed, any such concerns would be inconsistent with the mother's own position that the father's time progress to five nights per fortnight.
3. Likewise, although the father has taken out an IVO against the mother, which resolved by way of an undertaking to the court, he does not assert that the children are at risk in the mother's care. Indeed, Ms E's assessment of the parties is they are both good parents who have positive relationships with the children. The issue in this case appears to be the parties' inability to communicate and conflict arising from a power battle over the children's time.
4. In regard to the children's views, in the short form report, each child expresses a desire to live in a shared care arrangement, although X wanted to take this slowly. X was quoted as saying, "I agree with mum, let's take things slowly. It has been a rough year."[3] X, the oldest child, appears to have been the most affected by the separation reporting a subsequent decline in his mental health and suicidal thoughts. This resulted in him being hospitalised on a number of occasions. X reported in the short form report having "a lot of anger which [he] could not control."[4] I note X has a neurological profile consistent with autism spectrum disorder and ADHD,[5] and has been diagnosed with a tic disorder and anxiety. He has a multidisciplinary team including an occupational therapist, psychologist, speech therapist, and a paediatrician.
5. Each of the children are at various stages of maturity, but given their ages, significant weight should be attached to their views. Whilst it is evident from X's comments that he is aware of his mother's desire to progress slowly and that this may have influenced his thinking, this does not mean his comments should be ignored. X has indeed had a "rough year."[6] I note further that X's occupational therapist reports X's need for consistency and routine and the importance of his feelings being validated.[7]
6. In terms of consistency and routine, it is clear on the evidence that the children have had to adapt to a number of changes since their parents separation. Immediately after separation the children experienced living with the parties under the one roof followed by several months where the father spent time with them in the family home. After the father obtained suitable accommodation, the children started spending alternate weekends and some midweek time with the father however this changed again in about March this year when time became Tuesday to Thursday each week. Thereafter, the parties continued to disagree about the arrangements for the children, resulting in the father arranging matters directly with the children. On my reading of the evidence, the children have not had a stable and consistent arrangement for any length of time.
7. Furthermore, despite Ms E's opinion the parents have similar parenting styles, the father conceded he has less boundaries than the mother, and that she is stricter with the children than he is. This is likely to have made it more difficult for the children to transition between the two households.
8. Having taken all of the section 60CC factors into consideration, I am of the view that the time between the father and the children should increase to five nights, but not beyond that at this time. Furthermore, whilst Ms E recommends a progression to equal shared care, she was only instructed to prepare a short form report, does not appear to have the benefit of reports from X's treating health professionals, and her evidence is yet to be tested. I note also that the parties are yet to commence family therapy which will hopefully improve their communication so that they can better facilitate a shared care arrangement, if one is ordered in the future.
9. I note that the orders I propose, whilst not equal time, provide for significant time for the children in each parent's care. Whilst each parent seems focused on the quantity of time, they would do well to listen to the children themselves who appear to have identified the real issues at the heart of this case as follows:

[X]: I hope we can spend time as a family in the future, but they need to communicate well. It's ridiculous they can't communicate, that is the simplest thing humans do.[8]

...

[Y]: there were a lot of arguments. It was, and still is, annoying. It makes me feel like we are the parents and they are the children.[9]

(Emphasis added)

1. Hopefully the parties' attendance at family therapy, one matter on which they do agree, will assist them to improve their communication and to better understand the impact of their ongoing conflict on the children.

1. There did not appear to be a substantial dispute about the school holidays, with each party proposing a version of week about in both term and long summer holidays. They also agreed the time should commence with the parent who did not have the children the week before. I propose to make changeover in the term holidays on the middle Saturday, which on my calculation, is in the middle of the term holidays.
2. The mother seeks the children be returned to her care two days prior to the new school year. I propose to make this order given the mother will remain the primary carer of the children on an interim basis and this will enable her to ensure they have everything in order for the new school year.

1. The parties ultimately agreed to the orders for Father's Day and Mother's Day. The parents appear to agree on time for their birthdays but could not agree on the drafting of the orders. I have therefore drafted orders on their behalf.
2. In regard to Christmas, the father proposed a return of the children at 2.00pm and the mother proposed a return at 11.00am. There was no evidence to support either party's proposal. The father does however seek to have a lunchtime meal with the children which does not appear to be unreasonable if the mother is to have them for dinner. I note the mother sought an extended Boxing Day with the children, but I was not addressed as to why she should have a greater period of time with the children on that day. Accordingly, I shall make the orders as sought by the father for a return at 2.00pm.
3. I was not addressed as to why I should make an order that the children attend special occasions or family events when they are in the other parent's care. This appears to be inviting further opportunities for conflict between the parties, and I do not propose to make such an order.

1. Notwithstanding that the father called the police and obtained an IVO due to the mother attending his property uninvited, the father sought an order that changeover be facilitated at each parent's home, when changeover does not occur at school. The mother proposed changeover at a park as there would likely be people around and because it was a neutral location.
2. In my view, it is in the children's best interests to changeover at the parties' homes, but I will order that the parents remain in their respective homes or cars to avoid exposing the children to any further conflict. The children are old enough to transition between the houses and the cars without assistance.
3. In regard to the exchange of the family dog, I do not believe I have the power to make an order requiring the movement of the family pet; however, I will include this as a notation by consent.

1. The mother sought an order that the father provide a copy of his work roster for six months, a letter from his employer confirming his work arrangements, and a copy of his work contract. The father resisted this order on the basis that he had provided a letter from his employer as part of this interim hearing.
2. The father is no doubt concerned about the mother knowing his exact roster, given her attendance at his house on an uninvited basis, however, his failure to provide the roster has likely fuelled her distrust. On balance, I am of the view that the father should provide a copy of the documents sought, in particular his work roster, to the mother, noting she alleges the documents provided by Victoria Police are not consistent with the information the father previously gave about his work commitments. If the mother uses this information to harass the father, then she will be in breach of the undertaking that she has given to the Magistrates' Court and consequences will flow from same.

1. The mother proposes orders for overseas and interstate travel. I was not addressed about why such orders would be required for interstate travel, so I assume these are not pressed. In relation to overseas travel, there is no evidence before the court about any intended overseas travel and although the father offered no reason why such orders should not be made, the mother has no immediate plans to travel and says she cannot afford it. I consequently do not propose to make such orders however, I note the mother has family in the United Kingdom, including the maternal grandmother who is aged in her 80's, and the mother may be required to travel if she were to become ill. If the mother is forced to bring an application, and there is no reason to oppose such travel, then cost consequences are likely to follow.
2. I will otherwise make the remainder of the orders by consent on an interim basis.

1. The mother sought an order that the father pay to her $500 per week by way of spousal maintenance. The father resisted the making of any such order.

1. Pursuant to section 74 of the Act the court may make any order with respect to spousal maintenance that it considers proper.
2. In Hall v Hall [2016] HCA 23; (2016) 257 CLR 490 at [496], the High Court observed that the "gateway" requirement for the consideration of a spousal maintenance application is set out in section 72(1) of the Act, as follows:

(1) A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether:

(a) by reason of having the care and control of a child of the marriage who has not attained the age of 18 years;

(b) by reason of age or physical or mental incapacity for appropriate gainful employment; or

(c) for any other adequate reason

having regard to any relevant matter referred to in subsection 75(2).

1. Although the Act was amended in June this year, section 75(2) of the Act as amended continues to contain the matters which the court must take into account when making an order for spousal maintenance:

75 Matters to be taken into consideration in relation to spousal maintenance

(1) In exercising jurisdiction under section 74, the court shall take into account only the matters referred to in subsection (2).

(2) The matters to be so taken into account are:

(aa) the effect of any family violence to which one party has subjected or exposed the other party, including on any of the matters mentioned elsewhere in this subsection; and

(a) the age and state of health of each of the parties; and

(b) the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment; and

(c) the extent to which either party has the care of a child of the marriage who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child; and

(d) commitments of each of the parties that are necessary to enable the party to support:

(i) himself or herself; and

(ii) a child or another person that the party has a duty to maintain; and

(e) the responsibilities of either party to support any other person; and

(f) subject to subsection (3), the eligibility of either party for a pension, allowance or benefit under:

(i) any law of the Commonwealth, of a State or Territory or of another country; or

(ii) any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia;

and the rate of any such pension, allowance or benefit being paid to either party; and

(g) where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable; and

(h) the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income; and

(ha) the effect of any proposed order on the ability of a creditor of a party to recover the creditor's debt, so far as that effect is relevant; and

(j) the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party; and

(k) the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration; and

(l) the need to protect a party who wishes to continue that party's role as a parent; and

(m) if either party is cohabiting with another person - the financial circumstances relating to the cohabitation; and

(n) the terms of any order made or proposed to be made under section 79 in relation to:

(i) the property of the parties; or

(ii) vested bankruptcy property in relation to a bankrupt party; and

(naa) the terms of any order or declaration made, or proposed to be made, under Part VIIIAB in relation to:

(i) a party to the marriage; or

(ii) a person who is a party to a de facto relationship with a party to the marriage; or

(i) the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or

(ii) vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii); and

(na) any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage; and

(p) the terms of any financial agreement that is binding on the parties to the marriage; and

(q) the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage; and

(r) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

(3) In exercising its jurisdiction under section 74, a court shall disregard any entitlement of the party whose maintenance is under consideration to an income tested pension, allowance or benefit.

(As per original)

1. It is evident from this legislation that the court must take into consideration the mother's need for spousal maintenance and if established the father's ability to pay it. The difficulty in this case is that each party's financial statements were inaccurate and/or out of date. Nonetheless, the mother's counsel argued the court could rely on their taxable incomes for the previous financial year. In this regard it was not in dispute that in the most recent financial year:

(1) The father had a taxable income of $160,153.26 and paid tax of $43,952 and child support of $20,245 giving him a net income of $95,956 or $1,845 per week; and

(2) The mother had a taxable income of $68,234 plus child support of $20,245 and paid tax of $12,218 giving her a net income of $76,261 or $1,466 per week.

1. Counsel for the mother submitted that the court need not be troubled by defective financial statements or controversial expenses. Rather the court was urged to take a broad-brush approach based on the undisputed net incomes for the previous year and that the parties were each responsible for equivalent costs in terms of their rent and mortgage (being about $600 in each case). It was argued that on that basis, the mother was left with $859 per week to meet her expenses whilst the father had $1,204 per week (which I calculate to be $1,245) being a differential of $345 (or on my calculations $386). The difficulty with this analysis is that the father also has a car payment of $182 per week, which although the mother says he should never have obtained, is a legal obligation which she does not dispute. This would reduce the funds available to pay to the mother (on my calculations) to $204 per week.
2. Nonetheless, the threshold test is whether the mother has a need for spousal maintenance and if so, how much. The mother bares the onus of proving this need. Again, the only evidence of the mother's day-to-day expenses is contained in Part N of her financial statement, however, as already discussed, this could not be relied upon.[10] However, even if those expenses were accurate, the mother does not distinguish in Part N of that document her expenses versus those of the children. It is therefore impossible for the court to assess the mother's need for maintenance separately to the needs of the children. If the mother has a need, I am unable to quantify it.
3. In addition, the mother has reduced her working hours, in part to care for the children, but has not explained why that was necessary. Furthermore, the father rightly argues that she may now be able to work extra hours, given his greater care of the children.
4. For all of these reasons the mother's application for spousal maintenance will be dismissed.
5. Given the mother accepts the mortgage is an expense she has been paying, and she is living in the G Street property and would otherwise be paying rent, she should continue to make the payments on the mortgage. Otherwise, the mother proposes she pay the land rates and water rates on the property. Although not indicated to be by consent, I presume the father would not object to her making these payments. In relation to H Street, the father has agreed to pay the household bills and other amenities but excludes the land rates. However, as no submissions were made on the matter, I presume he abandoned his resistance to this order and accordingly I will make that an order of the court.

1. In terms of the future directions of this matter, the parties agreed they should attend some form of dispute resolution but disagreed about how this would be funded. The parties questioned whether it would be possible to attend a conciliation conference, given the parties non-superannuation pool was under $500,000. In the circumstances, I have determined to give them such a conference.
2. I was not addressed as to why I should make the father's order for disclosure in circumstances where the parties have clear obligations pursuant to the Act and under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) particularly at rules 6.05 and 6.06. I do not therefore propose to make such an order.
3. I will otherwise make orders by consent per the proposed minute.
4. For all the aforementioned reasons I make the orders as set out at the commencement of this judgment.

I certify that the preceding fifty-six (56) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Jenkins.

[5] Report of Ms K, contained in Mother's affidavit filed 29 July 2025 as annexure MSH-4 at [25].

[7] Report of Ms L, contained in Mother's affidavit filed 29 July 2025 as annexure MSH-1 at [18].

[10] These inaccuracies included the mother's income, the amount of child support received and the amount of the mortgage repayment.