Benjamin and Bardot

This matter concerned parenting arrangements, property division, and child support between the Husband and the Wife, with O'Ryan J presiding. The dispute involved the allocation of parental responsibility, the children's living arrangements, the division of marital property, and the calculation of child support obligations.

The court was required to determine the terms of parenting orders, including the extent of equal shared parental responsibility, the specific living arrangements for the children, and provisions for holidays and special occasions. Additionally, the court had to make orders regarding the division of property, specifically the proceeds of sale of a property and the allocation of other assets and superannuation interests. Finally, the court was tasked with making departure orders in relation to child support, deviating from the standard assessment by the Child Support Agency.

In relation to parenting, the court discharged previous orders and established equal shared parental responsibility for long-term issues. Detailed provisions were made for the children's living arrangements with each parent, including specific times for holidays, birthdays, and alternate weekends during school terms. The court also imposed restraints on each parent from denigrating the other or promoting discussion of the proceedings in the presence of the children. For property, the court ordered the proceeds of sale of a specific property to be divided with 47.62 per cent to the Wife and 52.38 per cent to the Husband. Each party was declared the sole legal and beneficial owner of property and superannuation in their possession, with reciprocal indemnities for liabilities related to specific assets and debts. Regarding child support, departure orders were made, requiring the Husband to pay a specific monthly sum for child support until mid-2013, with subsequent administrative assessments and annual increases. The court also ordered a specific apportionment of private school fees and related expenses between the parties, noting that these departure orders were made due to special circumstances affecting the income, earning capacity, financial resources, and the costs of maintaining the children in the manner expected by their parents.