Hallan & Alvery (No 4) [2025] FedCFamC1F 585 (8 August 2025)

(a) the child's current and future education;

(b) the child's religious and cultural upbringing;

(c) the child's health; and

(d) the child's name;

(e) changes to the child's living arrangements;

(f) other issues about the care, welfare and development of the child of a long term nature.

1. For the purposes of the allocation of sole parental responsibility;

(a) the father is not required to consult with the mother in relation to decisions and is not required to make a genuine effort to come to a joint decision; and

(b) the father is not required to consult with the mother on issues that are not major long-term issues.

1. The child live with the father.
2. The child spend time and communicate with the mother on such terms and conditions as may be agreed to by the father.
3. Pursuant to s 68B of the Family Law Act 1975 ("the Act") the mother be and is hereby restrained from:

(a) contacting the father save as otherwise provided for in these Orders;

(b) approaching the father and/or the child or remaining within 5 metres of either of them or any person who may be caring for the child;

(c) entering or remaining in any place that the father and/or the child lives, works or attends childcare/kinder/school/extra-curricular activities;

(d) contacting any childcare/kinder/school/extra-curricular organisation that the child attends;

(e) contacting any medical or allied health practitioner that the child attends;

(f) seeking information from any person or organisation/institution/agency about the child's whereabouts and/or welfare;

(g) attempting to locate, follow or keep the father and/or the child under any surveillance of any form (including any party who is caring for the child);

(h) publishing and/or sharing on any form of social media/internet/publication any material and/or information about the father and/or the child including all forms of public and private social media;

(i) disseminating/sharing any information/material exchanged and/or filed in these proceedings including but not limited to financial disclosure documents, expert reports and court documents;

(j) contacting Child Protection in any State or Territory of Australia with respect to the child;

(k) seeking to have the child added to the Airport Watch List;

(l) filing any new and/or further applications with respect to parenting/children's issues concerning the child unless she has first sought and obtained leave of this Honourable Court.

1. Within 48 hours of these Orders, the mother do all things necessary to remove the X Instagram page including but not limited to deleting any and all images posted to date (insofar as the page still exists).
2. The father is not required to provide the mother with the following information, unless he considers that it is safe to do so:

(a) the child's residential address;

(b) the name/address of any childcare/kinder/school that the child attends;

(c) details of any extra-curricular activities undertaken by the child;

(d) notice of any proposed overseas travel with the child or details with respect to same;

(e) details of the child's treating medical/allied health practitioners.

(a) notify the mother as soon as practicable regarding any medical emergency involving the child.

(b) provide the mother with recent photos and videos of the child no less than twice per year to the parenting app.

1. The mother be permitted to send cards and/or gifts to the child at the father's nominated address and the father shall have discretion as to whether he provides these to the child.
2. The father be permitted to travel overseas with the child.
3. The father be permitted to renew the child's passport, or if expired, apply for a passport for the child without the mother's consent pursuant to s 11(1)(b) of the Australian Passports Act 2005 and he be at liberty to provide a copy of these Orders to the Passport Office and/or the Australian Federal Police as required.
4. The father be permitted to provide a copy of these Orders to the child's childcare, kinder and/or school, extra-curricular providers and medical treaters.
5. In accordance with s 68P(3) of the Act the Court will provide a copy of these Orders to:

(a) Victoria Police;

(b) the Department of Families, Fairness and Housing;

(c) the Registrar of the Magistrates Court of Victoria.

1. The Independent Children's Lawyer be discharged.

1. That all previous Orders be and are hereby discharged.
2. The husband pay to the Trust Account of the wife's litigation guardian the sum of $1,000,000 within 120 days of these Orders ("the payment") to administered by the litigation guardian in accordance with Notation B hereof.
3. Pending the payment the husband pay to the wife the sum of $6,600 on the first day of each month to the wife's bank account.
4. Within 30 days the parties do all acts and things and sign all documents necessary to:

(a) close any joint accounts;

(b) transfer the wife's shares in S Pty Ltd to the husband at his expense;

(c) wind up the following entities at the cost of the husband:

(i) T Pty Ltd;

(ii) U Pty Ltd ATFW Trust.

With the husband to retain any balance remaining in any bank accounts of those entities.

1. The husband retain for his sole benefit and the wife relinquish any interest or claim in the following:

(a) the balance of any funds held on trust for the parties after payment is made to the wife pursuant to these Orders;

(b) the property at V Street, Melbourne in the State of Victoria and its contents and he be solely liable for the mortgage encumbering same;

(c) his personal bank accounts and investments;

(d) his shares;

(e) his motor vehicles including Motor Vehicle 2, Motor Vehicle 3, Motor Vehicle 4, Motor Vehicle 5, watercraft and he be solely liable for any loans encumbering same;

(f) his personal possessions including jewellery and watches, artworks and wine collection;

(g) his financial resources including any payments/benefits paid to him or due to be paid to him as a result of his employment including all STI and/or LTI payments paid to date and/or due to be paid;

(h) his interest in the following entities:

(i) S Pty Ltd;

(ii) Y Pty Ltd ATF the Z Trust;

(iii) AA Pty Ltd ATF the BB Trust ;

(iv) CC Pty Ltd;

(v) DD Pty Ltd;

(vi) EE Pty Ltd;

(vii) FF Pty Ltd;

(viii) Any other trust, company or partnership in which he has an interest;

("the husband's entities") and the husband shall be solely responsible for and indemnify the wife against all and any liabilities associated with the husband's entities of whatsoever nature and kind including as to taxation.

1. The wife retain for her sole benefit and the husband relinquish any interest or claim in the following:

(a) any and all part property payments made to the wife since 1 May 2023 totalling $375,830;

(b) her personal bank accounts;

(c) her shares;

(d) her cryptocurrency;

(e) her personal possessions including jewellery;

(f) her superannuation entitlements;

(g) the following entities:

(i) GG Pty Ltd ATF HH Investment Trust

(ii) JJ Pty Ltd;

(iii) KK Pty Ltd;

(iv) any other trust, company or partnership in which she has an interest;

("the wife's entities") and the wife shall be solely responsible for and indemnify the husband against all and any liabilities associated with the wife's entities of whatsoever nature and kind including as to taxation.

1. The wife pay and be solely responsible for any and all liabilities incurred by her/in her name including but not limited to outstanding accounts/invoices, personal taxation, credit cards, personal loans, moneys owing to any third party and any other debt of whatsoever nature and kind.
2. Within 120 days of any final Orders, the wife shall:

(a) nominate an address for the contents of the LL Storage unit be sent to following which the husband will arrange same at his expense; or

(b) make arrangements with LL Storage to transfer the storage agreement payments to her name and she shall thereafter be responsible for same;

failing which, the husband is permitted to cease the current LL Storage agreement and payments and to do with the contents as he so pleases including sale and/or disposal of same.

1. That unless otherwise specified in these Orders and save for the purposes of enforcing the payment of any monies due under these or any subsequent orders:

(a) each party be solely entitled to the exclusion of the other to all other property in their names and/or possession as at the date of these Orders;

(b) monies standing to the credit of the parties in any bank account are to become the property of the party in whose name the account is registered;

(c) each party retain and the other relinquish any interest in any superannuation benefits or work-related benefits or entitlements belonging to or earned by the other;

(d) insurance policies remain the sole property of the owner named thereon;

(e) each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders;

(f) each party be solely liable for any personal liability incurred by them including credit cards;

(g) any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

1. Pursuant to s 106A of the Act the husband's solicitor be and is hereby appointed to do all things and execute all documents necessary on behalf of the wife to comply with any final property orders in the event that the wife fails, refuses or neglects to execute a document necessary to give effect to any final property Order within 7 days of such a request.
2. The litigation guardian for the respondent and her legal advisers, be released of the obligation of the implied undertaking to this Court in Harman v Secretary of State for Home Department [1983] 1 AC 280 ("Harman") with respect to:

(a) report of Dr H dated 7 April 2024; and

(b) report of Dr H dated 6 May 2025;

1. The relief from the implied Harman obligation referred to in Order 1 herein, is to be limited to the use of the documents, or provision of the documents to New South Wales Civil and Administrative Tribunal ("NCAT") for the purposes of the litigation guardian's application to NCAT to have a financial manager appointed for the respondent.
2. That all outstanding applications be otherwise dismissed and the trial listed on 27 October 2025 be vacated.

1. Pursuant to r 3.18 of the Federal Circuit and Family Court of Australia Rules 2021 the costs and expenses of the litigation guardian be paid from the income or assets of the wife for whom the litigation guardian was appointed.

1. A Final Intervention Order was made in early 2025 in the Magistrates Court of Victoria which names Ms NN of Victoria Police as the applicant, the mother as the respondent and the father and child as the Affected Family Members and is valid until early 2027. The final parenting Orders are consistent with the terms of that Intervention Order.
2. The wife's litigation guardian has made an application to NCAT for the appointment of a financial manager for the wife for the purposes of administration of the monies received pursuant to these Orders and the litigation guardian will make the necessary arrangements for the funds received pursuant to Order 17 hereof to be transferred to the financial manager (if appointed) or otherwise act in accordance with her fiduciary duties to distribute the funds.

1. The Independent Children's Lawyer encourages the mother to engage in appropriate therapy to address her mental health issues.

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 is a matter involving parenting and property orders. The father, the Independent Children's Lawyer and the mother's litigation guardian have been able to reach a very sensible consent arrangement in relation to both of those issues. Very briefly, the parents were in a reasonably short relationship. There is one child of the relationship, X born in 2022. The proposed orders largely reflect the recommendations that were made by Ms MM, who has prepared a family report for this family.
2. This is a matter where, unfortunately, the mother has a substantial history of poor mental health, and which she has not, it would appear, adequately addressed.
3. The proposed orders provide for X to live with her father. They do not provide any specific time arrangements or communication arrangements given the mother's poor mental health and her failure to address that.
4. Pursuant to the proposed orders, the father will effectively be the child's sole carer. He has already been X's primary carer for a protracted period.
5. I note that the Independent Children's Lawyer strongly supports the making of the orders and is confident, as are the father and the mother's litigation guardian, that these orders will provide for X's best interests.
6. Notwithstanding that the proposed orders do not provide for ongoing time between the mother and the child, I am satisfied that these arrangements are appropriate, that they adequately and appropriately meet the safety needs in particular of X. I am also confident that the child's day-to-day and long-term needs will continue to be met appropriately and adequately by the father.
7. In relation to property, I again note the mother and father were in a reasonably short relationship. The pool is quite substantial. It is not in dispute that the current pool comprises the assets that the father brought into the relationship. In terms of a percentage division, whilst the payment to the mother of $1 million is a small percent of the pool, in my view, it is totally appropriate given the substantial initial contributions that were made by the father, the brevity of the relationship and the fact that he has and will continue to have the primary care of the child in the future.
8. Essentially, this is a matter where the payment proposed to the mother is an adjustment made under s 79(5) of the Family Law Act 1975 (Cth) towards her current and future circumstances. The proposed orders also ensure that the mother will be able to manage those moneys with the assistance of the litigation guardian. I note I have been told that there is an NCAT hearing in September, which it is hoped will provide the mother with some further assistance to manage the funds.
9. I am satisfied that the proposed parenting orders are in X's best interests. I am also satisfied that it is just and equitable that the property orders be made, and the orders sought are appropriate in all the circumstances. For these reasons, I make final orders in terms of the minute that has been provided to chambers and signed by all parties.
10. I will make an additional order pursuant to r 3.18 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 that the costs and expenses of the litigation guardian be paid from the income or assets of the mother for whom the litigation guardian was appointed.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Carter.