Gade & Jabbar (No 11)

In *Gade & Jabbar (No 11)*, Judge Terry of the Federal Circuit Court of Australia determined parenting and property matters between the father and mother concerning their two children, [X] and [Y]. The dispute involved significant disagreements regarding the children's living arrangements, communication with each parent, and the division of assets.

The court was required to determine the best interests of the children, specifically considering the paramount considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), which include the benefit of a meaningful relationship with both parents and the need to protect children from harm. The court also had to assess the additional considerations outlined in section 60CC(3), such as the children's views, their relationships with each parent, and the presence of family violence. Furthermore, the court was tasked with dividing the parties' property and superannuation interests.

In reaching its decision, the court applied the principles of section 60CC of the *Family Law Act 1975* (Cth), giving greater weight to the need to protect the children from harm. The court considered the children's expressed views, noting [X]'s initial desire to live with her mother and [Y]'s preference to live mostly with his father. However, the court ultimately found that the need to protect the children from psychological harm outweighed the benefit of a meaningful relationship with the mother, leading to orders that the father have sole parental responsibility and the children live with him, with no time or communication with the mother. The court also made detailed orders for the division of property, including the transfer of interests in two properties, a superannuation splitting order, and the allocation of a motor vehicle, along with the repayment of costs.