Bertram and Bertram

This matter concerned the orders of Berman J in relation to the parental responsibility and living arrangements for two children, C and B, and the settlement of property between the parties. The court was required to determine the terms of shared and sole parental responsibility for the children, including decision-making regarding their education and health, as well as their primary residence and time spent with each parent. Furthermore, the court was tasked with finalising the division of the parties' assets and liabilities.

The court ordered that the parties share parental responsibility for C and B, with equal shared parental responsibility for B. However, the husband was granted sole parental responsibility for C concerning matters of education and health, with a specific process outlined for consultation and final decision-making. The children were ordered to live with the husband, with specific provisions for B's time with the wife based on the child's wishes, and for C's time with the wife to be by agreement. The husband was also authorised to renew the children's passports at his expense, dispensing with the wife's signature.

In terms of property settlement, the wife was ordered to pay a settlement sum to the husband within ninety days, contemporaneously with the husband transferring his interest in the E Street property. The wife was to transfer her interest in the G Street property to the husband, who would then indemnify her against any mortgage or liability related to that property. Each party was to retain specific assets as their sole property, including superannuation, vehicles, investments, and certain trusts or properties. The orders also addressed the continuation of mortgage payments pending settlement, mutual indemnities for debts, the closure of joint bank accounts, and provisions for default in payment of the settlement sum, including the potential sale of the E Street property. Finally, the court provided for a Registrar to sign documents if a party failed to do so.