GALLIMORE & GALLIMORE

The case of *Gallimore & Gallimore* involved a dispute between a husband and wife concerning parenting arrangements for their three children and the division of their property. The matter came before Watts J.

The court was required to determine several legal issues. In relation to parenting, the court had to consider the meaning and application of the phrase "must consider" within section 65DAA(1) of the *Family Law Act 1975* concerning orders for equal shared parental responsibility, and whether an order for equal time was appropriate. The court also had to consider other disputed parenting arrangements. In relation to property, the court was required to assess the parties' contributions, including initial and financial contributions by way of inheritance, and whether arrangements concerning a company represented a contribution on behalf of the husband's father. The court also needed to consider the significant increase in the company's value post-separation and the disparity in the parties' earning capacities when making adjustments under section 79(4)(d)-(g) of the *Family Law Act 1975*.

Watts J ordered that the parties have equal shared parental responsibility for the children, with the wife having the children living with her and specific time arrangements for the husband to spend with the children. The court's reasoning regarding parenting involved a critical assessment of expert evidence, particularly the aspirational nature of some recommendations and the husband's resistance to sensible proposals, which indicated a lack of focus on the children's adjustment to two different household environments. In relation to property, the court made orders for the division of assets, including a payment from the husband to the wife, the transfer of specific properties, and the retention of a company by the husband, with adjustments made to account for contributions and future needs, including a disparity in earning capacity. The order for spousal maintenance was discharged.