Austin and Austin (No 2)

This matter concerned parenting and property disputes between a Husband and Wife, heard by Macmillan J. The primary dispute revolved around arrangements for the child of the marriage, D, and the division of the parties' assets.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility, the child's living arrangements, and the specific times the child would spend with each parent. Additionally, the court had to make orders regarding the division of property, specifically concerning two properties located at L Street, Suburb M, and O Street, Suburb P, as well as a business interest held by the Husband.

By consent, the court ordered the discharge of all previous parenting orders and established equal shared parental responsibility for the child. The child was ordered to live with the Wife, with detailed provisions outlining the Husband's time with the child, which varied significantly based on the child's age and school terms, including specific arrangements for holidays and special occasions. The court also made orders regarding communication between the parties, the involvement of a child psychologist, and the exchange of information about the child's health and education. In relation to property, the Wife was ordered to transfer her interest in the Suburb M property to the Husband, who was to discharge the mortgage, pay outstanding fees, and pay the Wife $70,000. The Husband was to relinquish all interest in the Suburb P property. Provisions were made for the sale of the Suburb M property if the Husband did not comply with the transfer and payment obligations by a specified date. The Husband was to retain his business interests, and both parties were to be solely responsible for their respective liabilities. The court also noted the parties' intention for these orders to finally determine their financial relationship.