CHEE & FANG

The parties, Chee and Fang, were involved in separate disputes concerning their children's best interests and the division of their property. The parenting dispute involved the parents' differing proposals for a shared parenting arrangement for their sons, aged 15 and 12, and the question of whether sole parental responsibility should be ordered due to entrenched parental conflict. The property dispute arose after a 24-year relationship and concerned the husband's claim for add-backs to reflect the wife's alleged expenditure on luxury items. These matters were heard by Burchardt J.

The court was required to determine the most appropriate parenting regime for the children, considering the proposals for a 7/7 or 9/5 split, and whether to deviate from the presumption of joint parental responsibility in light of the parental dispute. In relation to property, the court needed to assess the parties' contributions and future needs, and consider the husband's claim for add-backs for alleged dissipation of assets by the wife.

On the parenting issue, Burchardt J found that the presumption of joint parental responsibility had not been rebutted, and therefore ordered joint parental responsibility. Despite the family report writer recommending a 9/5 regime based on the children's equivocal views, the court ultimately ordered the 9/5 regime. In the property dispute, the court assessed the parties' contributions as equal. A 2.5% adjustment in favour of the wife was made based on future needs, specifically her greater time with the children. All superannuation accumulated during the relationship was subject to equalisation.