FALCONER & BABETT

In the matter of *Falconer & Babett*, Judge Henderson considered applications concerning both property settlement and child support. The wife sought a departure from child support assessments, asserting the special needs of the children and the husband's capacity to pay. The husband sought a just and equitable division of the parties' property.

The court was required to determine whether the wife had established grounds for a departure from the child support assessments, specifically in relation to the alleged special needs of the children and the husband's financial capacity. Additionally, the court had to determine a just and equitable division of the parties' property.

Regarding the child support application, the court found insufficient evidence to support the wife's claims of special needs for the children. It also determined that the husband lacked the capacity to pay child support beyond the assessed amounts. However, the court granted a departure order solely in respect of the husband's agreement to pay private school fees for the older child and gym fees for the younger child. In relation to property settlement, the court ordered the wife to pay the husband $11,400 by way of property adjustment, which would be credited towards his child support debt. The court also declared the husband's interest in the wife's self-managed superannuation fund to be $8,000, also to be credited towards his child support debt. The husband was ordered to transfer his interests in certain entities to the wife, who would then indemnify him for any liabilities associated with them. The wife's application for a departure from child support assessments was otherwise dismissed, with the court affirming all other assessments. The husband was also ordered to lodge his last three years of tax returns.