Elliott and Arnold (No.2)

In Elliott and Arnold (No.2), heard by Judge Newbrun, the court was required to make final orders concerning the parenting arrangements and property settlement for the parties' two children, born in 2007. The dispute involved the division of assets and the establishment of parental responsibilities and contact arrangements.

The legal issues before the court included determining the children's living arrangements, the extent of each parent's time with the children, and the conditions attached to the husband's time with the children, specifically regarding drug consumption. The court also had to address the division of significant assets, including the former matrimonial home, superannuation entitlements, bank accounts, and other personal property. Furthermore, the court was tasked with resolving financial liabilities, such as capital gains tax, and ensuring the proper transfer of property titles, including the removal of a caveat.

The court ordered equal shared parental responsibility for the children, with the children to live with the wife. The husband was granted time with the children as agreed in writing by the parents, subject to the condition that he refrain from consuming illicit drugs for 12 hours prior to and during the children's care. The orders also stipulated communication protocols between the parents regarding mobile numbers and medical updates, and ensured the husband would receive copies of the children's school reports. In relation to property, the wife retained ownership of the former matrimonial home and her superannuation, bank accounts, and personal belongings. The husband retained his superannuation and personal belongings, and was directed to pay a sum of $14,784 to the wife from a trust account, with the balance remaining with him. The husband was also made liable for any remaining capital gains tax on a former property and was ordered to remove a caveat from the matrimonial home. The court also made provisions for the Senior Registrar to execute documents if a party refused to comply with the orders.