FALCONER & BABETT

In this matter before Judge Scarlett, the Applicant and Respondent sought final property orders and child support departure orders. The dispute concerned the division of the parties' assets and liabilities following a 12-year relationship, and an application to depart from the standard child support administrative assessment due to the special needs of the children and their education.

The court was required to determine the appropriate property settlement, considering the parties' respective contributions, including a loan from the Applicant's mother and post-separation contributions to the children's welfare, and whether an adjustment under section 75(2) of the *Family Law Act 1975* (Cth) was warranted. Additionally, the court had to consider whether it was just and equitable to make a departure order from the child support assessment, taking into account the children's special needs, their education in the manner expected by their parents, the liable parent's capacity to pay, and the primary duty of parents to maintain their children.

The court made extensive property orders, including the immediate payment of funds to the Applicant, the transfer of company interests and trust entitlements to the Respondent with an indemnity for the Applicant, and a division of superannuation interests. The court also made child support departure orders, setting a weekly amount per child and ordering the Respondent to pay specific expenses for the children's health and education, including arrears. The court further stipulated that any future payouts from the Respondent's employment were to be directed towards child support arrears. The interim order of 16 May 2013 was discharged.