BOLTON & VERRENDER

In the matter of *Bolton & Verrender*, the parties presented a range of issues to the court concerning their children and property. The primary dispute revolved around arrangements for their three-year-old child, including consent orders for equal shared parental responsibility and the child living with the Mother. Additionally, the court considered property settlement, including allegations of non-disclosure, the negative value of the net property pool, and a contested superannuation split.

The court was required to determine the best interests of the child in relation to time spent with each parent, given the parties' consent on most arrangements. Furthermore, the court had to consider whether to make orders for a superannuation split, and more broadly, what property settlement orders, if any, would be just and equitable in the circumstances. The court also had to assess the sufficiency of evidence regarding allegations of non-disclosure of financial positions.

His Honour Carew J noted the parties' consent to equal shared parental responsibility and the child living with the Mother, with the child continuing to spend time with the Father each Tuesday and for two additional nights during school holidays. The court also acknowledged the possibility of the parents continuing to engage with a specified family therapist. Regarding property, the court found insufficient evidence to support the allegation of non-disclosure by the Applicant. Given the short duration of the relationship (approximately three years) and the negative value of the net property pool, the court determined that it would not be just and equitable to make a superannuation splitting order, particularly as the Respondent had not formally sought one and there was no evidence of procedural fairness afforded to the self-managed superannuation fund.

Consequently, the court ordered that the Respondent transfer the registration of the vehicle and trailer to the Applicant. Otherwise, the parties were to retain their respective property and superannuation, with the Applicant remaining responsible for significant debt.