A Queensland mother was ordered to pay to transport her son's modular home to an island after a family court battle involving a pet macaw, a pool robot and household belongings

A Queensland mother has been ordered to pay for the transportation of her son's $24,000 modular home to Russell Island following a family court battle involving a pet macaw, a pool-cleaning robot and disputed household belongings. The District Court of Queensland ruled that Aaron Spencer was entitled to possession of the home, which had been moved to his mother's property in Tamborine. His mother, Charlene Martin, must arrange for a third-party truck to deliver the structure and cover the transport costs. The ruling also ordered her to pay $14,306.65 in damages and a further $1,326.40 in interest.What happened after the Queensland family court ordered the property to be vacatedAccording to the Court Judgement, the dispute originated at a residential property in Moggill, Queensland, which Martin and her husband, Peter Spencer, jointly owned. Following the breakdown of their marriage, the couple became involved in family law proceedings in late 2020. Martin had moved out of the property, while their son continued living there. The Family Court subsequently appointed Martin as trustee for the sale of the property and ordered Peter Spencer to vacate it within 42 days of an order made on 14 May 2024.The order also authorised the issue of a warrant of possession if the property was not vacated within the required period. A warrant was eventually issued on 19 September 2024 and executed on 23 September. Aaron Spencer was given limited time to collect his personal belongings and left with several bags containing designer clothing, electronic devices, car keys and confidential paperwork, as well as his three dogs. A pet macaw named Smurf remained at the property. The court noted that a police officer had told Spencer he could return later with an appropriate truck to collect his property.Why did the Queensland family dispute extend to a pool robot and modular homeFollowing the execution of the warrant, Martin took possession of the property and began preparing it for sale. An email sent by her solicitors on 24 September 2024 stated that she was packing household belongings into a shipping container for later collection. The correspondence also addressed the pet bird left behind, stating that Martin was taking care of it until her son could collect it. The email explained: "She is taking care of the bird until such time as the son can collect it."The dispute over Smurf was subsequently resolved separately. On 15 May 2026, the court made final orders by consent concerning ownership and possession of the macaw, an indoor parrot cage, a stand and an outdoor aviary. The judgment did not examine those matters further. The remaining proceedings concerned ownership and the alleged wrongful retention or disposal of various belongings, including glass fencing, a custom-built door, a pool robot, household items, food and the modular container home. The court examined the evidence provided by both parties, including invoices, receipts, photographs, videos and witness testimony.Why did the judge reject some of Spencer's ownership claimsJudge Dann considered whether Spencer had established ownership and an immediate right to possession of the individual items he claimed. The judgment noted that he had relied on a combination of purchase invoices, sales dockets and other supporting material. However, the court also identified inconsistencies in some of his evidence, particularly concerning Costco purchases, where multiple membership and payment card details appeared on the documents. The judge was not satisfied that the available records established that Spencer had purchased every item he claimed.Nevertheless, the court accepted his ownership claims for several belongings supported by independent evidence. These included glass fencing, a custom-built door, a pool robot and food. The judgment recorded that the glass panels had been used to reinstate the pool fence to make the Moggill property compliant for sale. Spencer also accepted Martin's explanation that the pool robot had been left with the house when it was sold. The court found that Martin had disposed of fresh, frozen and dried food, while evidence from Spencer's grandparents established that they regularly sent him food from the United Kingdom.How did the court rule on the son's modular home and household belongingsThe modular container home became a central part of the final orders. Martin's evidence was that the home had been professionally moved to an acreage property in Tamborine, where it remained in her possession. Spencer provided invoices and proof of payment establishing that he had purchased it for $24,000, including GST. The court found there was no evident dispute over his ownership of the structure and ruled that he was entitled to possession.In considering the appropriate remedy, Judge Dann noted that the home was large and heavy and would require professional skills to move. The judgment stated: "The appropriate remedy in this circumstance is to order Ms Martin to pay for the delivery up of the modular container home to Mr Spencer." The final orders required a third-party truck to collect it from 2057-2061 Waterford-Tamborine Road, Tamborine, before or on 1 July 2026, for delivery to Spencer at 55 Fenton Road, Russell Island, on 3 July 2026. Martin was specifically ordered to pay the cost of the truck.In addition to the transport arrangement, Martin was ordered to pay $14,306.65 in damages for the conversion of the glass fencing, custom-built door, pool robot, one set of iron gates and hinges, commercial log splitter, air-conditioning unit and food. The court also awarded $1,326.40 in interest under section 58 of the Civil Proceedings Act 2011. Both amounts were payable by 20 September 2026. The judge dismissed the remainder of Spencer's claim, finding that he had not established his case in relation to the other items he sought to recover.You use AI every day. Now get your AI Quotient. Take the AIQ test.