CLIMO & PECORA

This matter concerned a final hearing before Judge Morley in the Family Court. The dispute involved parenting arrangements for the child X, property settlement, and an alleged contravention of a notation. Both parties sought substantial and significant time with the child, and the court was required to consider the impact of family violence on the child's best interests, even where the violence had not directly affected or been directed towards the child. The court also addressed the division of the parties' property, with the wife having made greater contributions, and the wife's assertion of a contravention.

The court was required to determine the parenting orders that would best serve the interests of the child, including whether family violence, even if not directly impacting the child, was a relevant consideration. It also had to decide on the just and equitable division of the parties' property, taking into account their respective contributions and other relevant factors under section 79(4)(e) of the *Family Law Act 1975* (Cth). Finally, the court considered the alleged contravention of a notation.

In relation to parenting, the court dismissed previous orders and made new orders for equal shared parental responsibility, with the child to live with the mother and spend substantial time with the father, detailing specific arrangements for term time, school holidays, birthdays, and other significant dates. The court also imposed various orders regarding communication, travel, religious upbringing, and the conduct of the parents towards each other and the child, including restraints on discussing proceedings with the child and physical discipline. Regarding property, the court found it just and equitable to alter the parties' interests, ordering the wife to pay the husband a sum of $127,785.00 and transfer her interest in the former matrimonial home to the wife, with detailed provisions for the transfer and repayment of the mortgage. The court also made orders regarding the closure of a joint bank account and the allocation of liabilities and assets between the parties.