DELACROIX & DELACROIX

This matter concerned the property and parenting arrangements between the wife and husband, with Aldridge J presiding. The dispute involved the division of significant assets, including a property, a company, and a partnership, as well as the allocation of debts and the repayment of funds owed to a third party, Mr E. The court was also required to determine parenting orders concerning the parties' three children, including issues of parental responsibility, living arrangements, and time spent with each parent.

The court was tasked with determining the appropriate distribution of the net proceeds from the sale of the parties' Suburb B property, as well as the allocation of various business interests and associated debts. Specifically, the court needed to decide how the wife's directorship and shareholding in F Pty Ltd, and her interest in a Partnership, would be transferred to the husband, and how the husband would indemnify the wife in relation to these entities. Furthermore, the court had to establish parenting orders for the three children, addressing sole and equal shared parental responsibility, living arrangements, and detailed time arrangements for one of the children, J, including during school holidays and specific annual events. The wife's applications for spousal maintenance and a child support departure order were also before the court.

In resolving the property dispute, Aldridge J ordered that the proceeds of sale of the Suburb B property be divided, with the wife receiving a significantly larger share. The wife was also ordered to repay debts owed to Mr E and to indemnify the husband against any liability concerning those debts. The court further directed the wife to resign as a Director of F Pty Ltd, transfer her shareholding and loan accounts in the company to the husband, and assign her interest in the Partnership to him. The husband was ordered to facilitate these transfers, remove the wife from a business facility, release her from guarantees, and indemnify her against liabilities arising from her prior involvement with the company and partnership. The court also ordered that each party retain the motor vehicles, assets, and superannuation funds currently in their possession. Regarding parenting, the wife was granted sole parental responsibility for two children, while the parties were to have equal shared parental responsibility for their third child, J, who was to live with the wife. Detailed time arrangements were set for J's time with the husband, including during school terms, holidays, and specific days. The court also stipulated that J have access to a mobile phone during visits with the husband and be permitted to call the wife if he wished.

The court dismissed the wife's applications for spousal maintenance and a child support departure order. All other applications and cross-applications were also dismissed, and all issues were removed from the Active Pending Cases List. The court further ordered that in the event of a party's refusal or neglect to execute necessary documents, the Registrar of the Court be appointed to execute them pursuant to section 106A of the Family Law Act 1975 (Cth). Finally, provisions were made for the return of subpoenaed material and exhibits.