Clements and Parris

This matter concerned parenting and property division between the wife and husband, Mr. Clements and Ms. Parris. The court was required to make orders regarding the children's living arrangements, time spent with each parent, and the division of their property, including superannuation interests.

The court was asked to determine the specific terms of equal shared parental responsibility for the two children, including their primary residence during school terms and the schedule for time spent with the non-resident parent. Further issues included the division of the net proceeds from the sale of a property, the allocation of education funds, and the ownership of various personal assets. The court also had to address the division of superannuation entitlements between the parties, including the mechanism for payment and the binding effect of the orders on the superannuation trustee.

The court made orders for equal shared parental responsibility, with the children to live with the wife during school terms and spend alternate weekends and Wednesdays with the husband. Specific arrangements were also detailed for holidays, birthdays, and other special occasions. The court ordered the net proceeds of sale of a property and education funds to be divided 53% to the wife and 47% to the husband. In relation to superannuation, a base amount was allocated to the wife from the husband's superannuation scheme, with specific provisions for payment and binding effect on the trustee. The court also issued injunctions restraining the parties from denigrating each other or discussing proceedings in the presence of the children, and ordered the wife to attend counselling. Each party was also ordered to keep the other informed of their contact details and to notify each other of any illness or injury to the children.