CARLSON & CARLSON

This case involved a dispute between Mr. Carlson and Mrs. Carlson concerning parenting arrangements for their two children, property settlement, and child support. The court was required to determine the most appropriate parenting orders, considering the children's best interests and the parents' capacity and past conduct. Additionally, the court had to address the division of the parties' property and resolve applications relating to child support arrears and future payments.

The primary legal issues before the court were: firstly, whether equal shared parental responsibility was appropriate given the parties' inability to communicate and reach agreements regarding the children's long-term welfare, and if not, what form of parental responsibility and living arrangements would best serve the children's interests; and secondly, how to achieve a just and equitable property settlement, taking into account the parties' contributions, financial positions, and disclosure issues. The court also considered applications for departure from child support assessments.

Cleary J determined that due to the significant communication breakdown between the parents, equal shared parental responsibility was not practical. The court gave substantial weight to the children's strong preference to live with their mother and ordered that the children live with Mrs. Carlson, with the father to have sole parental responsibility for major long-term decisions, while both parents would share responsibility for day-to-day care. In relation to property, the court ordered the father to transfer his interest in the former matrimonial home to the mother, and the mother to transfer her interest in I Group Pty Ltd to the father, reflecting their contributions and the father's initial financial advantage. Both parties' applications for departure from child support assessments were dismissed.