CUNNINGHAM & CUNNINGHAM

This case concerned parenting, property, and spousal maintenance disputes between a mother and father. The primary dispute involved serious allegations of sexual abuse by the father against the parties' daughter and potentially their son. The father denied these allegations, asserting the mother had fabricated them with malicious intent. The court was also required to divide the parties' limited assets and liabilities, which had significantly increased between separation and trial, and to determine the wife's claim for spousal maintenance.

The court was required to determine the paramount issue of the children's best interests in light of the sexual abuse allegations, and whether the father posed an unacceptable risk to the children. In relation to property, the court needed to assess the parties' contributions and adjust their interests equitably, including the division of superannuation. The court also had to consider whether the wife was unable to adequately support herself, necessitating spousal maintenance.

Applying the principles that the resolution of sexual abuse allegations is subservient to the children's best interests, and that the paramount consideration is the welfare of the child, the court made orders for the children to live with the mother and have no time with the father, with limited communication permitted if the children wished. The court found that the parties' contributions to property were equal, but ordered a 17.5 per cent adjustment in favour of the wife, and made a superannuation splitting order. The wife's application for spousal maintenance was dismissed, as the court was not persuaded she could not adequately support herself.