Crosby and Crosby

This matter concerned parenting arrangements and property settlement between the applicants, Crosby and Crosby. The court was required to make orders regarding the children's living arrangements, time spent with each parent, and the division of property.

The legal issues before the court included determining equal shared parental responsibility, establishing the children's primary residence, and outlining specific time spent arrangements with the father, including provisions for school holidays and special days. The court also had to address travel arrangements with the children, passport management, and communication protocols between the parents. Furthermore, the court was tasked with finalising the property settlement, including the transfer of a property, the division of joint bank accounts, and the allocation of individual bank accounts and motor vehicles.

The court's reasoning, as reflected in the orders, was based on consent between the parties. The parenting orders established equal shared parental responsibility, with the children to live with the mother. Detailed provisions were made for the father's time with the children, contingent on his work arrangements and location, and specific arrangements were set for special days. The property orders involved the transfer of a property from the applicant to the respondent, with the respondent to discharge the applicant from associated liabilities. Joint bank accounts were to be divided, with specific amounts allocated to the respondent and the remainder to the applicant. Each party was to retain their respective sole name bank accounts and motor vehicles.

By consent, the court ordered the discharge of all previous orders. The applicant was to transfer their interest in the B Street property to the respondent, who would then be solely liable for all associated encumbrances and outgoings. The respondent was to meet the costs of this transfer. Simultaneously, the respondent was to receive specific cash payments from joint bank accounts, with the applicant receiving the remaining funds from those accounts, and the joint accounts were to be closed. Each party was to retain their respective sole name bank accounts and motor vehicles. The orders also stipulated that each party was entitled to property in their possession and registered in their name, and each party was to be solely liable for and indemnify the other against debts and liabilities encumbering property they received. Section 81 of the Family Law Act 1975 was applied, with the orders finally determining the financial relationships between the parties.