Dobson and Carrier

This matter concerned consent orders made by Young J in the Family Court of Australia between the husband and wife, Dobson and Carrier. The dispute revolved around the division of property and parenting arrangements for their two children. The parties sought to finally determine their financial relationship and resolve matters concerning their children.

The court was required to determine the terms of property division, including the future of the former matrimonial home, the distribution of proceeds from its sale, and the allocation of other assets and liabilities. Additionally, the court needed to establish parenting orders that addressed equal shared parental responsibility, living arrangements for the children, and the specific times the children would spend with each parent, as well as decision-making responsibilities for their welfare and development.

The orders were made by consent, reflecting an agreement between the parties. The court ordered that the former matrimonial home would not be sold until the youngest child turned 21, after which it was to be sold with proceeds divided 45% to the husband and 55% to the wife, after costs and mortgage discharge. Pending sale, the wife was granted sole occupation, with both parties sharing mortgage and outgoings. The orders also stipulated that neither party would encumber the property without the other's consent, and provided for the possibility of one party purchasing the other's share. Further, the orders addressed the division of other property, bank accounts, superannuation, insurance policies, and liabilities, with each party indemnifying the other for liabilities related to their respective entitlements. Parenting orders established equal shared parental responsibility, with the children living with the wife and spending time with the husband according to a defined schedule. Decision-making responsibilities were divided between day-to-day care when children were with each parent, and joint responsibility for future welfare and development.