Dawar and Dawar (No. 2)

This case involved parenting and property settlement disputes between a husband and wife. The wife had made allegations of serious domestic violence, controlling, and coercive behaviour by the husband during the marriage and post-separation, which she contended posed a risk to the children. However, the Court did not accept the wife's allegations of serious domestic violence and coercive controlling behaviour, finding that she was not a truthful witness.

The Court was required to determine appropriate parenting orders for the parties' two children, considering the allegations made and the Court's findings regarding the mother's credibility. Additionally, the Court had to resolve the property settlement application, including the division of matrimonial assets and the allocation of significant marital debts.

Henderson J reasoned that despite the wife's unaccepted allegations, the children's best interests necessitated orders for equal time and equal shared parental responsibility. The Court's approach to property settlement involved the husband indemnifying the wife for substantial marital debts and retaining the remaining matrimonial pool of $103,000. This outcome was influenced by the wife having received $170,000 during the litigation and her significant wastage of matrimonial assets through gambling.

The final orders discharged previous parenting and property orders. The children were to live with both parents in a seven-night per fortnight regime, with specific arrangements for school holidays and birthdays. The husband was ordered to hold the children's passports and pay associated costs. The parties were permitted to travel internationally with the children under strict conditions, including providing notice, itineraries, and security deposits. The husband was to receive monies held in trust and indemnify the wife for all tax and other debts in his name. The wife was to return a motor vehicle, with the husband responsible for any shortfall on its sale. Each party was to be solely entitled to other property in their possession, with specific provisions for bank accounts, superannuation, insurance policies, and liabilities. A safety deposit box in India was to be accessed with specific procedures, and the wife's representative was to receive its contents. The husband was also ordered to pay spousal maintenance to the wife for 12 weeks. Further orders addressed the provision of parenting orders to schools and doctors, and the process for any future applications by the mother raising allegations against the father.