Giunta & Giunta (No. 3)

FAMILY COURT OF AUSTRALIA
Giunta & Giunta (No. 3) [2021] FamCA 272

File number(s): SYC 3842 of 2018

Judgment of: MCCLELLAND DCJ

Date of judgment: 7 May 2021

Catchwords:
FAMILY LAW – CHILDREN – Best interests – Whether the children should live with each party on an equal basis or spend substantial and significant time with one parent – Whether equal or sole parental responsibility should be ordered – High degree of parental conflict – The impact of family violence on parenting capacity – Orders made for the mother to have sole parental responsibility, the children to live with her and the children to spend five (5) times per fortnight with the father.

FAMILY LAW – PROPERTY – Settlement in relation to a marriage – Assessment of contributions – the impact of family violence – adjustment made pursuant to the Kennon principle – Orders made for 55 per cent adjustment in favour of the wife and 45 per cent adjustment to the husband.

Legislation: Family Law Act 1975 (Cth) ss. 43, 60B, 60CA, 60CC, 61DA 65DAA, 65DAC, 75, 79

Cases cited:
A v A (1998) FLC 92-800

Adamson & Adamson (2014) FLC 93-622

Aleksovski v Aleksovski (1996) FLC 92-705

AM & MM [2005] FamCA 443

Benson & Drury (2020) FLC 93-998

Bonnici and Bonnici (1992) FLC 92-272

Britt & Britt (2017) FLC 93–764

Cabbell & Cabbell [2009] FamCAFC 205

Calder & Calder (2016) FLC 93-691

Carlson & Fluvium [2012] FamCA 32

Coghlan and Coghlan (2005) FLC 93-220

Dickons v Dickons (2012) 50 Fam LR 244

Director-General, Department of Family and Community Services (NSW) v the Colt Children [2013] NSWChC 5

DJM v JLM (1998) FLC 92-816

Dundas & Blake (2013) FLC 93-552

Farnell and Farnell (1996) FLC 92-681

Giller v Procopets (2008) 24 VR 1

Hadlow & Davis [2020] FamCA 161

Hickey and Hickey and Attorney-General (Cth) (2003) FLC 93-143

Hurst & Hurst (2018) FLC 93-851

Johns & Jasapas [2016] FamCA 471

Johnson v Johnson (No. 1) (1999) 26 Fam LR 475

Kennon v Kennon (1997) FLC 92-757

Kildea v Kildea (2007) 38 Fam LR 347

Kolar & Kermit [2019] FCCA 817

Kowaliw and Kowaliw (1981) FLC 91-092

Kowalski and Kowalski (1993) FLC 92-342

Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361

Lee Steere and Lee Steere (1985) FLC 91-626

M and M (1988) FLC 91-979

Manolis v Manolis (No 2) [2011] FamCAFC 105

Marvel v Marvel (2010) 43 Fam LR 348

Mayne & Mayne (2011) FLC 93-479

Mazorski & Albright (2007) 37 Fam LR 518

Mynatt & Siddall and Anor [2020] FamCA 40

Omacini and Omacini (2005) FLC 93-218

Phillips and Phillips (2002) FLC 93-104

Pierce v Pierce (1999) FLC 92-844

Robb and Robb (1995) FLC 92-555

Rodgers & Rodgers (No 2) (2016) FLC 93-712

Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co (1901) AC 373

Sigley v Evor (2011) 44 Fam LR 439

Spencer v Commonwealth (1907) 5 CLR 418

Stanford & Stanford (2012) 247 CLR 108

Stott & Holgar [2017] FamCAFC 152

Townsend and Townsend (1995) FLC 92-569

Trevi & Trevi (2018) FLC 93–858

VR & RR (2002) FLC 93-099

Watson & Ling (2013) FLC 93-527

Way and Way (1996) FLC 92-702

Zaruba & Zaruba (2017) FLC 93–776

Number of paragraphs: 617

Date of hearing: 9-13 November 2020

Place: Sydney by video web conference

Counsel for the Applicant: Mr Finch

Counsel for the Respondent: Mr O’Brien

Solicitor for the Respondent: Russell Kennedy Aitken Lawyers

Counsel for the Independent Children's Lawyer: Ms Shea

Solicitor for the Independent Children's Lawyer: Delaney Lawyers
ORDERS

SYC 3842 of 2018

IN THE MATTER OF GIUNTA

BETWEEN:
MR GIUNTA

Applicant

AND:
MS GIUNTA

Respondent

DELANEY LAWYERS

Independent Children's Lawyer

ORDER MADE BY:

MCCLELLAND DCJ

DATE OF ORDER:

7 MAY 2021

THE COURT ORDERS THAT:
Parenting orders
Parental responsibility
1.Subject to Order 3 below, that Ms Giunta (“the Respondent”) have sole parental responsibility in relation to making major long-term decisions concerning the children, X born … 2011 and Y born … 2013 (“the children”).
2.Mr Giunta (“the Applicant”) and the Respondent each have sole parental responsibility for making decisions about the day-to-day care, welfare and development of the children, whilst the children are in the parties’ respective care.
3.In exercising parental responsibility in accordance with Order 1:
(a)The Respondent is to notify the Applicant of her proposed decision (including reasons for the decision) in writing as soon as practicable prior to the decision being made;
(b)The Applicant is to respond as soon as practicable to the Respondent’s proposal, and, if he wishes, indicate his view in relation to her proposal, including reasons;
(c)The Respondent is to give genuine consideration to the Applicant’s response; and
(d)The Respondent is to notify the Applicant in writing within 48 hours of the final decision being made.

Parenting arrangement
4.The children shall live with the Respondent.
5.The children shall spend time with the Applicant during school terms from the conclusion of school or otherwise 3.00pm, in the event the children or one of them is not attending school, on Thursday continuing until the commencement of school or otherwise 9.00am, in the event the children or one of them is not attending school, on Tuesday, the first of such weekends is to occur on the first Thursday of school terms and continue in alternate weekends thereafter for each school term.
6.The children spend time with their Applicant during school holidays as follows:
(a)For one half of the Term 1, 2 and 3 New South Wales school holidays in each year as agreed, or, failing agreement, alternating between the first half in even numbered years and the second half in odd numbered years, commencing at 3.00pm on the last day the children, or the youngest of them, is required to attend school, and concluding at 9.00am on the first day the children, or the youngest of them, are required to attend school at the commencement of the next school term; and
(b)For one half of the Term 4 New South Wales school holidays in each year as agreed, or, failing agreement, alternating on a week-about basis, commencing at 3.00pm on the last day of Term 4 for the children, or the youngest of them, and concluding at 9.00am on the first day that the children, or the youngest of them, are required to attend school at the commencement of Term 1 the following year.

7.In the event the Applicant is unable to spend time with the children in accordance with Orders 5 or 6 hereof, due to his work roster, the following shall apply:
(a)The Applicant shall provide the Respondent with a copy of his work roster within 48 hours of that roster being released;
(b)The Applicant shall notify the Respondent of the days that he will be unable to care for the children;
(c)The Applicant shall propose three (3) alternate sets of dates when he is not working to spend time with the children; and
(d)The Respondent shall use her best endeavours to facilitate the children spending time with the Applicant if possible.

8.The parties shall use their best endeavours to facilitate the children spending time with the father at a time that coincides with the time that his son, W, is spending time with him.
9.In the event that either party is unable to personally care for the children for any overnight period, that party is to notify the other party and must give the other party the first option to care for the children during this period.
10.Changeover shall occur at school and, in the event changeover occurs on a day the children are not at school, the parties shall effect changeover outside Suburb E McDonalds, unless otherwise agreed.

Holidays and special events
11.Notwithstanding any other order herein, if the children are not already in the Respondent’s care:
(a)The children shall spend time with the Respondent on Mother’s Day each year, from the conclusion of school or otherwise 3.00pm, in the event the children or one of them is not attending school, on Friday until the commencement of school or otherwise 9.00am, in the event the children or one of them is not attending school, on Monday, and, if this is not a weekend the children are already in the Respondent’s care, the parties shall swap weekends so the children spend the weekend following Mother’s Day with the Applicant;
~~(b)~~The children shall spend time with the Respondent for Christmas as follows:
(i)From 3:00pm Christmas Eve until 3:00pm Christmas Day, commencing in 2021 and continuing each alternate year thereafter; and
(ii)From 3:00pm Christmas Day until 3:00pm Boxing Day commencing in 2022 and continuing each alternate year thereafter.

12.Notwithstanding any other order herein, if the children are not already in the Applicant’s care:
(a)The children shall spend time with the Applicant on Father’s Day each year from the conclusion of school or, otherwise, 3.00pm in the event the children or one of them is not attending school, on Friday until the commencement of school on Monday or, otherwise, 3.00pm in the event the children or one of them is not attending school, and, if this is not a weekend the children are already in the Applicant’s care, the parties shall swap weekends so the children spend the weekend following Father’s Day with the Respondent;
(b)The Children shall spend time with the Applicant for Christmas as follows:
(i)From 3:00pm Christmas Eve until 3:00pm Christmas Day, commencing in 2022 and continuing each alternate year thereafter; and
(ii)From 3:00pm Christmas Day until 3:00pm Boxing Day commencing in 2021 and continuing each alternate year thereafter.

Overseas travel
13.Pursuant to s 65Y(2) of the Family Law Act 1975 (Cth), the parties are permitted to temporarily remove the children from the Commonwealth of Australia for the purposes of overseas travel provided that:
(a)Unless otherwise agreed in writing, such travel is not to interfere with the children’s time with the other party in accordance with these Orders;
(b)The travelling party provides the other party with at least five (5) weeks’ notice, in writing, of the proposed departure and return dates, and destination(s); and
(c)The travelling party provides the other party with a copy of all return tickets and travel itineraries for the children, and telephone contact numbers for the children while overseas, at least two (2) weeks prior to the date of departure.

Generally
14.The Respondent do all acts and things necessary to authorise each of the children’s schools to communicate with both parties in relation to the children’s schooling, and to provide information to both parties, including copies of school reports, general school newsletters and notices in relation to school events, excursions and school photographs, and this Order operates as an authority for either party to obtain information related to the children including, but not limited to, school reports, school photographs, school counsellor’s notes, memos, school newsletters and any other information in relation to the children that they may request from the school, and each party shall be provided with access to online resources, including passwords.
15.The parties shall, as soon as practicable, notify the other party in the event that the children sustain an injury requiring hospitalisation or medical treatment, and not make any significant decisions without first consulting the other party.
16.Each party keep the other party informed as to his or her residential address and telephone number, and notify the other, within 48 hours, of any change to such details.
17.Each party be, and hereby is, restrained from:
(a)Denigrating or making derogatory comments about the other party, or any member of the other party’s family, to or within the hearing of the children, and
(b)Discussing these proceedings, or any of the issues raised in these proceedings, with the children or within their hearing.

18.Each party be permitted to attend all school functions and events to which parents are invited.
19.Each party be permitted to arrange and attend separate parent teacher interviews with the children’s school(s).
20.Both parties are at liberty to attend all sporting events and extracurricular activities involving either of the children, provided that such attendance is permitted by the organiser of the event or activity.

Property orders
DEFINITIONS
A.“Suburb D property” means the property situated and known as C Street, Suburb D, NSW, being the whole of the property contained in Certificate of Title Folio Identifier ….
B.“Suburb D mortgage” means the total amount outstanding on the loan from S Bank secured by mortgage on the Suburb D property, being mortgage registration number …

Initial payment
21.Within seven (7) days of the date of these Orders, the Applicant shall pay into a bank account nominated by the Respondent the sum of $107,684.

Sale of the Suburb D Property
22.Within 12 weeks of these Orders, the parties shall do all acts and sign all documents as are necessary to list the Suburb D Property for sale by auction and, for this purpose, the following shall apply:
(a)The Suburb D property shall be listed with an agent local to the Suburb D area selected by the Respondent from a list of three (3) names provided to her by the Applicant (“the agent”);
(b)In the event agreement cannot be reached about the appointment of an auctioneer, the Respondent shall have authority by these Orders to select the auctioneer prior to the listed auction of the Suburb D property from a list of three (3) names provided to her by the Applicant;
(c)The Suburb D property shall be listed for an eight (8) week sale campaign, or such other length of time as is recommended by the agent;
(d)The parties shall execute all documents requested by the agent for sale of the Suburb D Property by auction within three (3) days of being requested to do so;
(e)The reserve price of the Suburb D Property shall be such amount as is agreed between the parties, or, failing agreement being reached between the parties within 28 days of the date of the auction, the reserve price shall be nominated by the agent.
(f)In the event the parties are required to pay any sums to the agent or auctioneer prior to the sale of the property those monies shall be paid in equal proportions by the Respondent and the Applicant;
(g)The parties shall agree on a conveyancer or solicitor to act on the sale of the property, or, if there is no agreement, the Respondent shall select the solicitor from a list of three (3) names provided to her by the Applicant.
(h)The parties agree to co-operate in every way with the agent in relation to the sale by auction, including allowing inspection of the Suburb D Property at all times reasonably requested by the agent, and ensuring that the Suburb D Property is clean, neat and in good order at the time of any inspection and on the day of auction;
(i)The parties, or their authorised agent, shall either attend upon the auction of the Suburb D property, or otherwise be available via telephone, to provide instructions to the agent regarding the sale of the Suburb D property;
(j)The parties, by these Orders, authorise the agent to sell the Suburb D property at auction, provided the sale price reaches or surpasses the reserve price; and
(k)In the event the reserve price is not reached at auction, the parties shall negotiate with the highest bidder or any other interested party and shall sell the Suburb D property provided that the sale price is not less than 10 per cent below the auction reserve price.

23.Pending the auction, on each occasion that the parties leave the property to facilitate the other party entering into the property pursuant to the existing “nesting” parenting arrangements, they shall leave the property in a clean and tidy state, and remove all of their personal possessions, including clothing, toiletries, personal papers and other belongings, but not including furniture.
24.Upon the settlement of the sale of the Suburb D property, the proceeds of sale shall be paid in the following manner and priority:
(a)To discharge the loan secured by mortgage over the Suburb D property;
(b)In payment of any amount due and outstanding at the date of settlement for council rates, water rates and other costs associated with the Suburb D property;
(c)Payment of the agent’s commission, auctioneer’s costs and advertising and other expenses, if any, payable on the sale;
(d)Payment of the legal costs incurred by the solicitor or conveyancer instructed to act on the sale;
(e)In repayment to either of the parties for amounts paid by them to prepare the Suburb D property for sale or otherwise prepay any of the agents or marketing costs; and
(f)The balance is to be divided to achieve an overall property division of;
(i)55 per cent to the Respondent; and
(ii)45 per cent to the Applicant.

25.Each of the parties are permitted to bid at the auction of the Suburb D property, or to purchase the property by way of private treaty, in accordance with these Orders.
26.In the event that the Suburb D Property is not sold at the auction pursuant Order 22 or, within 14 days after the date of the auction, by further negotiation, then the Suburb D property shall immediately be listed for sale by private treaty, and it shall remain listed for sale by private treaty until the property is sold, and the sale price shall be determined as follows:
(a)For a period of six (6) weeks after the auction, the sale price shall be the reserve price used at the auction;
(b)In the event the property is not sold then, the sale price shall reduce by 5 per cent after each six (6) week period; and
(c)Upon the sale of the property, the proceeds of sale shall be distributed in accordance with Order 24.

27.Pending the settlement of the sale of the Suburb D property, the parties shall have exclusive occupation of the property on those days and nights that they have the children in their care pursuant to these Orders.
28.Pending the sale of the Suburb D property, the Applicant continue to pay, as they fall due, all regular instalments in respect of the mortgage, council rates, water rates and household insurance in respect of the Suburb D property, and shall indemnify and keep indemnified the Respondent in respect of any such amounts.
29.Each of the parties shall be restrained by injunction from further encumbering the Suburb D property without the express written consent of the other party.

Superannuation
30.The Court allocates, as required by s 90MT(4) of the Family Law Act 1975, an amount of $329,435.90 to the Respondent out of the interest held by the Applicant in the Super Fund 1 Trust.
31.Pursuant to sub-s 90MT(1)(a) of the Family Law Act 1975, whenever the Trustee of the Super Fund 1 Trust makes a splittable payment, from the interest held by the Applicant, the Trustee shall pay to the Respondent, or her administrators, executors, beneficiaries, heirs, or assigns, the entitlement calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations2001, and there shall be a corresponding reduction in the entitlement the Applicant would have had in the Super Fund 1 Trust but for these Orders.
32.Order 30 has effect from the operative time which is four (4) business days after service of these Orders n upon the Trustee.

33.The Trustee of the Super Fund 1 Trust in accordance with the obligations set out under the Family Law Act 1975 and Family Law (Superannuation) Regulation 2001, shall do all such acts and things and sign all such documents as may be necessary to make payment to the Respondent in accordance with Order 31 of these Orders.

Household contents
34.Within 14 days of the date of these Orders, each party shall serve upon the other a schedule setting out those items which constitute household contents that they wish to retain in their possession and those items which they are prepared to concede as items appropriately allocated to the other party.
35.Those items which constitute household contents in respect to which no agreement can be reached shall be sold at a time agreed to by the parties or, in the absence of agreement, by the date of settlement of the sale of the Suburb D property, by such means as agreed to by the parties or, in the absence of agreement, by way of an auction by an auctioneer nominated by the Respondent from three (3) names provided to her by the Applicant, with the net proceeds to be divided 55 per cent to the wife and 45 per cent to the husband.

Generally
36.Apart from as provided otherwise herein, each party shall have the sole right title and interest in:
(a)Chattels, goods, jewellery, memorabilia and other property which is, at the date hereof, in their possession respectively, and which does not constitute household contents;
(b)Any moneys, shares, debentures, investments and superannuation entitlements which stand in their sole name or to their credit respectively at the date hereof.

37.Apart from as provided otherwise herein, each party shall be responsible for and shall indemnify the other party against and from:
(a)Any credit card liability which stands in their sole name respectively, and/or jointly with another person, at the date hereof; and
(b)All other debts and/or liabilities which stand in their sole names respectively, and/or jointly with another person, at the date hereof.

Costs
38.Within 28 days of the date of these Orders, the Respondent is to pay the Independent Children’s Lawyer the sum of $412, being 50 per cent of the cost of the single expert attending to give evidence in these proceedings.
39.Within 28 days of the date of these Orders, the Respondent is to pay the Applicant the sum of $4,400, being 50 per cent of the report fee of the single expert.
40.In the event of either party opposing the costs order sought by the Independent Children’s Lawyer, they are to, within 14 days of the date of these Orders, file written submissions, of no more than two (2) pages, setting out their reasons for opposing the order as sought.
41.In the event that neither party provides written submissions in accordance with Order 39, within 42 days of the date of these orders, the Applicant and the Respondent pay to Legal Aid NSW their contribution towards the costs of the Independent Children’s Lawyer, being each the sum of $7,768.75.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Giunta & Giunta has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
MCCLELLAND DCJ
INTRODUCTION

This matter concerns the respective Applications for final orders of the parties, Mr Giunta (“the father” and “the husband”) and Ms Giunta (“the mother” and “the wife”) for final parenting and property orders. The parenting proceedings relate to the parties’ children, X born in 2011 and Y born in 2013 (collectively, “the children”). The children currently spend equal time with each party on a week about basis in a nesting arrangement in the parties’ former matrimonial property.
In respect to the parenting proceedings, the mother seeks orders that she have sole parental responsibility in relation to major long-term decisions concerning the children and for the children to live with her and spend four (4) nights per fortnight with the father. The primary reason that the mother seeks those orders is that she contends that the parties are unable to effectively co-parent as a result of the high levels of parental conflict between them. The mother further contends that she has been the subject of family violence perpetrated by the father and that, as a result, it would not be appropriate to require the parties to share decision-making responsibilities for the children.
Comparatively, the father seeks orders that the parties have equal shared parental responsibility for the children and that the current arrangement of equal time that the parties spend with the children remain in place. The father acknowledges that he has engaged in conduct that may constitute family violence but asserts that the mother has overstated and exaggerated the level of physical violence perpetrated by him, and contends that the mother has engaged in direct physical violence and emotional abuse towards him.
For reasons which I set out in this decision, I have found that the mother’s allegations are of substance and that finding, together with other considerations, has influenced both the parenting and property orders that I have made. In summary, I have made orders for the children to live with the mother and spend five (5) nights per fortnight with the father. I have also determined that the property of the parties should be adjusted such that the mother receives 55 per cent and the father receives 45 per cent of the overall property distribution. In so doing, I have included an adjustment of 8 per cent as a result of the consequences upon the mother of her being subjected to family violence perpetrated by the father, including direct physical violence as well as coercive and controlling conduct, such as his extensive electronic surveillance of her in her own home.
BACKGROUND
I will now set out the agreed facts relevant to this matter and, where controversial, the parties’ respective factual contentions. I will subsequently set out my findings in respect to contentious factual issues, where it has been necessary for a factual finding to be made in arriving at my conclusion as to the orders that I make in these proceedings.
In 1969, the father was born in Australia. He is currently aged 52 years.
In 1977, the mother was born in the United Kingdom. She is currently aged 43 years.
Since 1999, the father has been in full-time employment with an international company.
In 2001, the mother purchased a cottage in the United Kingdom (“the F cottage”) with her friend, Ms G, for GBP£130,500, plus approximately GBP£2,500 for the purchase costs. The maternal grandparents contributed GBP£23,000 towards the purchase price, as a loan to the mother and Ms G which was to be repaid in accordance with a written agreement executed by the mother, Ms G and the maternal grandparents. The balance of the purchase price was financed by way of a mortgage in the amount of GBP£110,000 with GG Bank.
The mother contends that, in October 2002, the mother received a sum of GBP£9,000 from the maternal grandfather to purchase Ms G’s interest in the F cottage. The mother further contends that she and the maternal grandfather had a verbal agreement that these funds received from the maternal grandfather were a loan to be repaid upon the sale of the property.
In November 2003, the father purchased the property situated at H Street, Suburb J (“the Suburb J property”) for AUD$460,000.
In 2004, W, the father’s child from a previous relationship with Ms K, was born. He is currently aged 17 years.
In June 2005, the father purchased the property situated at L Street, Suburb M (“the Suburb M property”) for AUD$515,000.
In July 2007, the parties met in Country N and commenced a relationship.
In November 2008, the mother moved to Australia and obtained permanent residency in Australia.
In December 2008, the parties commenced cohabitation.
In early 2009, the mother commenced her employment as a healthcare professional on a full-time basis, for a period of six (6) months, before reducing to a part-time basis. The mother contends that she reduced to a part-time position on the father’s request.
On 14 February 2009, the mother purchased a motor vehicle 1.
On 29 May 2009, the father sold the Suburb M property for AUD$560,000. The father contends that the net proceeds from the sale, following various disbursements to discharge loan accounts and debts, amounted to AUD$114,834. The mother contends the proceeds were substantially applied by the father to discharge his own personal liabilities.
On 19 August 2010, an incident occurred between the parties wherein the father sat on the mother. The mother contends that, during an argument between the parties, the father sat on her chest, impeding her breathing, and refused to get off her despite her distress. The mother further contends that W was present during the incident and that, after the father left the house following the incident, she attended a police station but did not make a formal complaint to police. Comparatively, the father contends that he sat on the mother in an attempt to subdue her emotional reaction to the argument. The father denies W was present during this argument.
In 2010, the parties married in Australia.
The mother attests that, in 2010, she attended sessions with a psychologist, Ms O. The mother further attests that Ms O also referred the parties to couples counselling with Ms P.
The mother contends that, from July 2011, she ceased work by going on paid maternity leave.
In 2011, X was born. He is currently aged nine (9) years.
In 2011, the mother commenced study for a Masters degree.
In June 2012, the mother returned to work as a healthcare professional on a three (3) shifts per fortnight basis.
The mother contends, in or around 2012, the father ceased having a relationship with the paternal grandmother shortly after X’s birth. The father acknowledges that there was a period where their relationship was strained.
In 2013, Y was born. She is currently aged seven (7) years.
On 23 August 2013, final parenting orders were made with respect to the parenting arrangements for W between the father and Ms K. The orders provide for W to spend time with the father six (6) nights per fortnight and one half of each school holiday period. The father contends that, prior to the parties’ cohabitation, he spent equal time with W under a 50/50 shared care arrangement. However, it was acknowledged that the current arrangements for W to spend six (6) nights per fortnight and half of the school holiday period with the period continues.
In or about August 2013, the parties leased the former matrimonial home, being the property at C Street, Suburb D (“the Suburb D property”).
On 16 January 2014, an incident occurred involving the parties. The mother contends that, during a verbal argument between the parties in the presence of the children, the father hit her in the eye and pushed her to the ground. The mother further contends she sustained multiple injuries, including a black eye, a cut to her eyebrow and bruising. Comparatively, the father contends that the mother’s injuries to her eye were caused by her own hand striking her face while the father was restraining her wrists, in self-defence from the mother, who he contends was punching him. He further contends that the other injuries she sustained resulted from a physical altercation between the parties on the floor.
In February 2014, the mother returned to work, following a period of maternity leave after the birth of Y, as a healthcare professional on a one (1) shift per week basis. Since February 2014, the mother has been in ongoing part-time employment as a healthcare professional and is currently employed as a senior healthcare professional on a contract of 16 hours per week. Additionally, since 2015, the mother has been employed on an ad hoc, contractual basis as an instructor.
The mother contends that, in early 2014, the father informed the mother that he had lost AUD$60,000 in a poor share investment. The mother contends that the parties had intended to use those funds for payment of a deposit on a property. The mother further contends that, subsequently, it was agreed that Mr R Giunta (“the paternal grandfather”) would gift the parties a sum of AUD$100,000 towards the deposit for a property and the parties would purchase a property with a granny flat for the paternal grandfather to occupy. Comparatively, the father contends that, as the parties had insufficient funds to pay a deposit, it was agreed that the paternal grandfather would contribute AUD$200,000 and be included on the deed for a property that had a granny flat. The father further contends that, on 14 February 2014, the parties and the paternal grandfather were conditionally approved for a home loan.
The mother contends that, on 16 April 2014, the maternal grandparents gifted the mother GBP£23,000 to go towards payment of stamp duty for the purchase of the Suburb D property.
On 30 April 2014, the father received AUD$200,000 from the paternal grandfather. The father contends he received this sum from the paternal grandfather as effectively an early inheritance following the paternal grandfather’s unfortunate diagnosis of cancer. The mother denies the sum was intended as a gift to the father only, and, comparatively, contends that it was a gift to both parties for the purchase of the Suburb D property.
In 2014, the landlords approached the parties about purchasing the Suburb D property. The father contends that this occurred in May 2014 and that the parties did not consider accepting the offer until the paternal grandfather told the father he would give the father AUD$200,000 by way of an early inheritance to purchase the Suburb D property. The father further contends it was agreed between the parties that they would both sell their investment properties, being, at the time, the F Cottage and the Suburb J property, in order to reduce the mortgage and renovate the Suburb D property.
In June 2014, the parties purchased the Suburb D property for AUD$925,000. The purchase was financed by a mortgage from S Bank in the sum of AUD$725,000. The father contends that, on 19 May 2014, he personally contributed the sum of AUD$92,500, being the 10 per cent deposit, and, on 23 June 2014, the sum of AUD$147,339 towards the purchase price of the property. Comparatively, the mother contends that the parties paid for the deposit and stamp duty using the AUD$200,000 gifted from the paternal grandfather and GBP£23,000 gifted from the maternal grandparents.
The father deposited his income into an offset account with S Bank jointly (“the joint offset account”) held by the parties which was used to pay all outgoing expenses in respect to the Suburb D property, including repayment instalments for the mortgage over the Suburb D property. The mother continued to deposit her income into a personal bank account.
On 26 July 2014, an incident occurred involving the parties. The mother contends that, during a verbal argument between the parties, the father yelled at the mother in close proximity to her face and grabbed her wrists to repeatedly pull her towards the ground, while she was attempting to push the father off her. The mother further contends that this incident left her with sore wrists and bruises on her arms. Comparatively, the father contends that he grabbed the mother’s wrists because she was punching him and the parties had a physical altercation on the floor as he attempted to subdue her “safely” using his physical size.
On 31 July 2014, the father sold the Suburb J property for AUD$495,000. The father contends that the net proceeds from the sale, following various disbursements to discharge loan accounts and debts, amounted to AUD$38,292.
In December 2014, the mother sold the F cottage for GBP£260,000. The net proceeds from the sale was GBP£188,854.57.
The father contends that, on 19 August 2014 and 13 January 2015, he deposited the sums of AUD$80,030 and AUD$6,000 respectively from his personal bank account into a bank account with National Australia Bank (“NAB”) which was jointly held by the parties, to put towards maintenance and renovation costs for the Suburb D property. Comparatively, the mother contends that the parties undertook renovations of the Suburb D property, in 2015, financed, in part, by the proceeds from sale of the F Cottage in the sum of AUD$77,000, and, in part, by the proceeds from sale of the Suburb J property.
The father contends that, on 17 and 18 March 2015, the mother punched the father and scratched him with her nails. The father further contends that, on 18 March 2015, he emailed himself photographs of the injuries he sustained from the mother’s physical assault. The mother denies this and contends that, on or about 18 March 2015, during an argument between the parties, the father held the mother down on their bed by her wrists and, in an attempt to get the father off her, the mother pushed and scratched him.
In the period of 6 to 10 June 2015, while the mother was on holiday to the Northern Territory, the father left the children in the care of a neighbour after W developed appendicitis and required hospitalisation. The mother contends that she was informed that the children had not been in the father’s care overnight when she received a phone call from the neighbour informing her that the children were in that neighbour’s care. The mother further contends that she contacted the father multiple times to ascertain when he would collect the children from the neighbour’s house. Comparatively, the father contends that he informed the mother of W’s hospitalisation and that the mother sent abusive text messages in response.
In June 2015, an incident involving a physical altercation between the parties occurred. The mother contends that, during a verbal argument between the parties in respect to the father leaving the children in the neighbour’s care, the father quickly and repeatedly hit the mother on the right side of the head. The mother further contends that she sustained bruises on the side of her head as a result but did not photograph or report the incident to police or another person. Comparatively, the father contends that he hit the mother against the side of her head, on two (2) occasions, with limited force, in retaliation, after the mother had cornered him in the kitchen and was hitting him about his chest and face. The father further contends that he subsequently emailed the maternal grandfather about this and other incidents of physical violence between the parties and commenced recording his interactions with the mother.
The mother contends that, on 19 October 2015, during a verbal argument between the parties, the father sat on the mother’s chest while restraining the mother’s wrists. The mother further contends that she struggled to breathe as a result and repeatedly hit the father’s chest to release her and, after freeing her hands and the father got off her, that the mother ran to another room.
On 19 October 2015, the father sent an email to the maternal grandfather with respect to incidents of family violence perpetrated by both of the parties.
The mother contends that, on 8 December 2016, the father purchased a boat for AUD$37,000.
In the period of December 2016 to March 2017, the father commenced promotional training.
On 10 February 2017, the mother was referred to Ms T, clinical psychologist. The mother continues to attend upon Ms T.
The mother contends that, from 20 March 2017, after the father took a short period time off work subsequent to failing his promotional training, the father made intensifying comments to the mother about her mental health and his belief she had borderline personality disorder. The mother contends that the father also increased the frequency that he filmed the mother without her consent and that this occurred in the children’s presence.

On 23 and 25 May 2017, the mother attended Suburb AA Police Station and reported historical incidents of domestic violence to a Domestic Violence Liaison officer.
The mother contends that, on or around 13 June 2017, the father ceased depositing his income into the joint offset account and ceased paying the instalments for the mortgage secured over the Suburb D property.
The mother contends, in late 2017, the father started wearing a camera strapped to his body at all times and recorded the mother without her consent. The father acknowledges that he used the body camera, however, comparatively, contends that it was not purchased until early 2018.
The mother contends that, in March 2018, the parties renovated a section of the Suburb D property for use as short term holiday accommodation (“the Airbnb accommodation” or the “U Cottage”) to generate a further source of income. The mother further contends that, from April 2018, U Cottage was advertised as holiday accommodation on the Airbnb and Stayz websites.
On 10 April 2018, an incident occurred involving an argument between the parties and W, wherein the mother argued with the father and W about W occupying a room that the mother intended to form part of the Airbnb accommodation.
The mother contends that, on or about 23 April 2018, the parties separated under one roof. Comparatively, the father contends that the parties finally separated on 13 May 2018.
On 10 May 2018, the father sent an email to the mother informing her that he intended to move himself and W into the Airbnb accommodation in the Suburb D property. As a result, the Airbnb accommodation could not be rented as holiday accommodation.
On 11 May 2018, the mother attended Suburb AA Police Station to report an alleged incident of domestic violence perpetrated by the father against her. The police subsequently attended the Suburb D property to speak to the father with respect to the mother’s report. As noted above, the father contends that the parties finally separated on this date.
On 29 September 2018, the father took the children on a holiday to Queensland, the mother contends this was against the mother’s express refusal of consent. The mother contends that the father and the children were in Queensland for a period of five (5) days.
On 7 January 2019, an incident occurred involving the parties whereby the mother attempted to grab the father’s phone from him. The father contends that he had moved to a bathroom, to prevent his telephone conversation being overheard by the children, when the mother entered and, while attempting to grab his phone, pushed the father and scratched him on the arm and face. The mother denies causing the scratches to the father and, comparatively, contends that the father held his arms up when she attempted to grab the phone and then pushed her back.
Later that night, the father reported the incident to police who then attended upon the Suburb D property where they arrested the mother and charged her with assault. The mother states that she was asleep in bed with the children at the time of her arrest. The mother contends that this event has had a lasting impact upon her and in that respect, her evidence is corroborated by her treating psychologist, Ms T.
On 18 June 2018, the father filed an Initiating Application commencing these proceedings.
On 9 January 2019, a provisional Apprehended Domestic Violence Order (“ADVO”) was issued against the mother for the father’s protection. The ADVO related to the events which occurred on 7 January 2019.
From 8 to 19 January 2019, the children remained in the mother’s care and had telephone contact but spent no time with the father. The father contends that the mother refused to return the children back into his care on 11 January 2019, as agreed between the parties, despite repeated requests from the father to return the children to the Suburb D property. Comparatively, the mother contends that she took the children on a pre-planned holiday and chose to extend her holiday with the children, in order to avoid breaching the provisional ADVO by coming into contact with the father. The mother denies intentionally withholding the children and not facilitating a relationship between the father and the children.
On 19 January 2019, the mother left the children in the care of the maternal uncle, who had travelled to Australia from the United Kingdom two (2) days prior. At a time that the children were in his care, the maternal uncle returned the children to the father’s care without the mother’s her knowledge. The father retained the children in his care for a period of 40 days after this incident. The mother’s relationship with her brother has been strained since this time.
On 22 January 2019, an incident occurred involving the parties and the children whereby the mother attended upon the Suburb D property, she contends, to collect some belongings. The father called the police to escort the mother from the property. Consequently, the provisional ADVO was amended to include a restraint from her attending upon any place in which the father resides or works. The father contends that the mother awaited the arrival of the father and the children at the Suburb D property to forcibly remove the children from the father’s care. Comparatively, the mother contends that she attended the Suburb D property to collect some of her belongings and at the time she attended the children and the father were not home.
From 19 January to 1 March 2019, the children remained in the father’s care and had telephone contact but spent no time with the mother, save for occasions when she attended upon the children’s school.
On 1 March 2019, Judge Monahan made interim parenting orders by consent of the parties providing that the children live with the father and that the mother spend five (5) nights per fortnight with the children.
On 8 March 2019, the parties and the children attended a Child Dispute Conference with Family Consultant, Ms V.
On 19 March 2019, the mother attended upon a general practitioner with X, who referred X to a child psychologist.
On 22 March 2019, Judge Monahan made further interim parenting orders providing that the children spend time with each party on a week about basis under a “nesting arrangement” (“the nesting orders”), whereby the children remain living in the Suburb D property and the parties reside with them in the alternate week that the children are in the respective party’s care.
On 27 March 2019, the mother’s solicitor wrote to the father requesting his consent for X to attend upon the referred child psychologist. The next day, the father responded to the letter from the mother’s solicitor refusing his consent to X attending upon a child psychologist.
On 29 October 2019, the father sold his boat for AUD$20,000.
On 1 November 2019, the mother was found not guilty of the criminal charge of assault, in respect to events which occurred on 7 January 2019, and a final ADVO was made against the mother for the protection of the father.
On 6 May 2020, the mother’s appeal of the conviction for assault was allowed and the final ADVO was dismissed.
On 13 June 2019, Judge Monahan made orders restraining the father from using or operating any camera equipment in the Suburb D property.
On 16 December 2019, these proceedings were transferred to the Family Court of Australia.
APPLICATIONS
Orders sought by the father
The father seeks that orders be made in accordance with the proposed orders set out in “Annexure A” of the father’s case outline filed 15 May 2020, as follows:
Parenting
1.The parents have equal shared parental responsibility for the children, X born on … 2011 and Y born on 23 August 2013 (the Children).
2.That the Mother shall have sole responsibility for making decisions about the day-to-day care, welfare and development of the Children whilst the Children reside with her.
3.That the Father shall have sole responsibility for making decisions about the day-to-day care, welfare and development of the Children whilst the Children reside with him.
4.Unless otherwise agreed in writing between the parties, the Children live with each parent on a week about basis as agreed and failing agreement as follows:
a)Week 1: with the Father from after school (or 5:00pm on a non-school day) Thursday to before school (or 5:00pm on a non-school day) the following Thursday;
b)Week 2: with the Mother from after school (or 5:00pm on a non-school day) Thursday to before school (or 5:00pm on a non-school day) the following Thursday; and
c)For the avoidance of doubt, this cycle continue through school terms and school holidays and does not reset.
5.Notwithstanding order 4, above, either parent may elect once per calendar year to spend time with the children for a period of up to three (3) weeks for the purpose of international travel within the school holiday period provided that:
a)The election is made in writing to the non-travelling parent no less than ninety (90) days prior to the proposed school holiday period; and
b)If the proposed travel occurs in the end of term one, two or three school holidays, it shall not include more than 10 school days unless agreed in writing by both parents; and
c)The 3 week period must coincide with the time the travelling parent would normally have the children as per order 6, with the non-travelling parent forgoing their week in between; and
d)In the event of clashing travel periods, the Mother shall have priority in odd years and the Father shall have priority in even years.
6.Notwithstanding any other order the children shall spend time with each parent as follows:
a)With the Mother on Mother’s day from 10:00am to 5:00pm;
b)With the Father on Father’s Day from 10:00am to 5:00pm;
c)With the non custodial parent on each of Children’s birthday at a time as agreed between the parties and in the absence of agreement, from 3:00pm or the conclusion of school (whichever is later) until 6:00pm or from 2:00pm to 6:00pm on a non school day,
d)The Children shall spend time with the Mother for Christmas as follows:
i.From 3:00pm Christmas Eve until 3:00pm Christmas Day, commencing in 2021 and continuing each alternate year thereafter; and
ii.From 3:00pm Christmas Day until 3:00pm Boxing Day commencing in 2020 and continuing each alternate year thereafter.
e)The Children shall spend time with the Father for Christmas as follows:
i.From 3:00pm Christmas Eve until 3:00pm Christmas Day, commencing in 2020 and continuing each alternate year thereafter; and
ii.From 3:00pm Christmas Day until 3:00pm Boxing Day commencing in 2021 and continuing each alternate year thereafter.
7.In addition to travel overseas under order 5, the parties shall each be and are hereby permitted to take the children outside the Commonwealth of Australia for a holiday provided that the travelling parent provide:-
a)A copy of the travel itinerary for the children, including addresses for all places at which the children will be staying overseas;
b)Such travel occurs during each parent’s time with the children and will not affect the non-travelling parent’s time with the children pursuant to these orders.
c)The travelling parent facilitates the children having reasonable communication with the non-travelling parent during the period of such travel with such communication to occur not less than once per week during such period of travel.
8.Each parent be at liberty to travel interstate with the children, and unless otherwise agreed, that:-
a)The travel occurs during the time that the travelling parent would otherwise be spending with the children; and
b)The travelling parent has notified the other parent of the duration of travel.
9. At all times:-
a)The Mother shall retain the children’s UK passports and the Father shall retain the children’s Australian passports.
b)The parents shall ensure that the passports in their possession are kept up to date at their own expense with at least six (6) month’s validity on the passports;
c)The parent shall make available to the other parent the children’s passports in their possession to travel pursuant to these orders at least fourteen (14) days before the travel; and
d)The parent shall return the children’s passports to the other parent within three fourteen (14) days of the children returning to the Commonwealth of Australia, to enable order 9(a) to be complied with.
10.Changeover shall occur as agreed but failing agreement, at the children’s school on a school day and at Suburb E McDonalds on a non school day.
11.Both parties are restrained from:-
a)Discussing these proceedings with the children or in the children’s presence or hearing or permitting any other person to do so; and
b)Denigrating the other parent or their family in the presence or hearing of the children or permitting any other person to do so.
12.That the parents shall communicate via email or text message and confine the correspondence to issues related to the children.
13.This order operates as an authority for either parent to obtain information related to the children including but not limited to school reports, school photographs, school counsellor’s notes, memos, school newsletters and any other information in relation to the Children that they may request from the school, and each parent shall be provided with access to online resources including passwords.
14.That both parents shall do all things necessary to facilitate the children to sit the NSW Selective High Schools application test for the purpose of enrolment into MM High School, and if the child is unsuccessful the parents shall consult together on an alternative high school.
15.That the Children shall reside within a 30km radius of the school they are enrolled at and attending, and shall remain enrolled at their present school.
16.That both parents shall, as soon as practicable, notify the other parent in the event the children sustain an injury requiring hospitalisation or medical treatment, and not make any significant decisions without first consulting the other parent.
17.That each parent keep the other parent informed as to his or her residential address and telephone number and notify the other within 48 hours of any change to such details.
18.That in relation to all aspects of these orders, that the parents shall consult with one another about decisions to be made in the exercise of their parental responsibility and any other dispute as to the operation of these Orders as follows:
a)By emailing or SMS the other parent with as much information as is available at that time and which is relevant to the decision to be made;
b)Upon receipt of the initial information, the other parent shall provide a response by email or SMS, to facilitate a joint decision being made by the parents about the particular aspect of their parental responsibility and shall outline any areas of agreement or disagreement;
c)In the event the parents are unable to reach a joint decision in relation to an issue of parental responsibility or there is otherwise a dispute as to the interpretation of these Orders that cannot be resolved through negotiation, then the parents shall then participate in mediation with a Family Dispute Resolution Practitioner to try to resolve any dispute.
19.The children have telephone/audio-visual communication (including Skype and facetime) with the parties at any time as agreed between the parties and failing agreement with each party when the child is not otherwise in their care, on the Sunday and Wednesday not earlier than 6:00pm and not later than 7:00pm for an age appropriate length and no longer than 30 minutes, with the non-residential parent calling the parent, or other phone as agreed, with whom the child is with and for the parent whom the children are with to do all things necessary to facilitate the call.
20.That if at a future date it is agreed that the children shall have their own mobile phones the parents shall share in the costs of such mobile phone, such device being agreed between the parties, and the father shall pay for the telephone call plan costs.
RESTRAINTS
21.That neither parent be permitted to operate an Airbnb or short term traveller accommodation within the home or on the property where the children reside.
22.That unless otherwise agreed, that either parent shall not enrol a child in to any extracurricular activity that is likely to occur during the time that the child shall spend with the other parent.
Property
Superannuation
23.That within 42 days from the date of these Orders, the Court allocates as required by Section 90XT(4) of the Family Law Act 1975 a base amount, which is to be determined such that the Mother receives 40% of the net matrimonial assets, to the Mother out of the superannuation interest of the Father’s interest, being member number … in Super Fund 1 Plan (the Fund). $200,000 super
24.That in accordance with paragraph 90XT(1)(a) of the Family Law Act 1975, the Court shall:
a)Create an entitlement for the Mother to paid the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001; and
b)Make a corresponding reduction in the entitlement of the Father, or such other person to whom a splittable payment may be made, would have had in the Fund but for these orders.
25.That the Trustee for the Fund, Super Fund 1 Limited (Trustee) shall do all acts and things and sign all document as shall be necessary to:
a)Calculate, in accordance with the requirements of the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001, the entitlements created in Order 29 of this Order; and
b)Pay the entitlement whenever the Trustee makes a splittable payment out of the Father’s interest in the fund.
26.That Orders 28 to 30 inclusive have effect from the operative time and the operative time is the date which is the fourth business day after the Order is served on the Trustee.
27.That within 45 days the husband shall discharge the mortgage and refinance into his own name the mortgage secured by the Suburb D property.
28.Save as otherwise provided in these Orders the Father is declared the sole owner both at law and in equity of:
a)Any chattels, goods, furnishings and other property which are, as at the date of these Orders, in his possession;
b)Motor vehicle 2 registration number …;
c)The property known as and situated at C Street, Suburb D in the State of New South Wales being the whole of the land comprised in folio identifier … (Suburb D Property);
d)His superannuation entitlements; and
e)All other property of whatsoever kind or nature presently in his possession or control.
29.That contemporaneous with the transfer of the property and the discharge of the mortgage that the husband shall transfer to the wife $150,000.
30.Save as is otherwise provided in these Orders the Mother is declared the sole owner both at law and in equity of:
a)Any chattels, goods, furnishings and other property which are, as at the date of the Orders, in her possession;
b)Her motor vehicle;
c)Her superannuation entitlements; and
d)All other property of whatsoever kind or nature presently in her possession or control.
31.Each party will otherwise be solely responsible for any other personal liabilities, loans or debts in their sole name and will indemnify the other party in relation thereto.
32.That in the event that either party refuses or neglects to execute any deed, document or instrument necessary to give effect to these Orders, the Registrar of the Court be appointed pursuant to Section 106A of the Family Law Act to execute such deed, document or instrument in the name of the said party and do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of affidavit and the defaulting party will be responsible for the whole costs of an application made by the non-defaulting party to the Registrar of the Court pursuant to this Order.
Orders sought by the mother

The mother seeks that orders be made in accordance with her Minute of Order, provided to the Court on 21 December 2020, set out as follows:
DEFINITIONS
A.“Suburb D property” means the property situated and known as C Street, Suburb D, NSW, being the whole of the property contained in Certificate of Title Folio Identifier ….
B.“Suburb D mortgage” means the total amount outstanding on the loan from S Bank secured by mortgage on the Suburb D property, being mortgage registration number ….
FINAL PROPERTY ORDERS
1.That an Order by way of alteration of property interests pursuant to s79 of the Family Law Act 1975 (Cth) be made in terms of paragraph 2 to 11 below.
Sale of the Suburb D Property
2.Within 4 weeks of the date final orders are made the husband shall vacate the Suburb D property and in vacating the property he shall;
a.Leave the property in a clean and tidy state;
b.Remove all of his personal possessions including clothing, toiletries, personal papers and other belongings (not including furniture).
3.That by no later than 31 January 2021 and in the event judgement has not been handed down by this date than within 12 weeks of the date orders are made the parties shall do all acts and sign all documents as are necessary to list the Suburb D Property for sale by auction and for this purpose, the following shall apply:
(a)The Suburb D property shall be listed with an agent local to the Suburb D area elected by the Wife and the Wife shall take any views expressed by the husband into account in selecting the real estate agent (“the agent”);
(b)In the event agreement cannot be reached about the appointment of an auctioneer the Wife shall have authority by these orders to select the auctioneer prior to the listed auction of the Suburb D property;
(c)The Suburb D property shall be listed for an 8 week sale campaign or such other length of time as is recommended by the agent;
(d)The parties shall execute all documents requested by the real estate agent for sale of the Suburb D Property by auction within 3 days of being requested to do so and in the event the husband neglects or otherwise refuses to execute those documents the Wife shall be provided by these orders with the authority to execute those documents on his behalf;
(e)The reserve price of the Suburb D Property shall be such amount as is agreed between the parties and failing agreement being reached between the parties within 28 days of the date of the auction, then the reserve price shall be nominated by the agent.
(f)In the event the parties are required to pay any sums to the agent or auctioneer prior to the sale of the property those monies shall be paid from the account held in the husband’s name being INSERT ACCOUNT and the husband shall pay all such sums requested within 3 days of being requested to do so;
(g)The Wife shall be charged with the responsibility of preparing the Suburb D property for sale including cleaning and styling it to maximise the sale price achieved for the Suburb D property and the Wife shall be permitted to spend the sum of $5,000 on those activities and in the event she does spend monies on the Suburb D property she shall provide to the husband receipts evidencing this expenditure and the amount shall be repaid to her upon the settlement of the sale of the Suburb D property;
(h)The parties shall agree on a conveyancer/solicitor to act on the sale of the property and if there is no agreement the wife shall elect the solicitor who shall not be Russell Kennedy Aitken Lawyers and shall take the husband’s views into account when making that election
(i)the parties agree to co-operate in every way with the agent in relation to the sale by auction including allowing inspection of the Suburb D Property at all times reasonably requested by the agent and ensuring that the Suburb D Property is clean, neat and in good order at the time of any inspection and on the day of auction
(j)the parties or their authorised agent shall either attend upon the auction of the Suburb D property or otherwise be available via telephone to provide instructions to the agent regarding the sale of the Suburb D property;
(k)the parties, by these Orders, authorise the agent to sell the Suburb D property at auction provided the sale price reaches or surpasses the reserve price;
(l)In the event the reserve price is not reached at auction the parties shall negotiate with the highest bidder or any other interested party and shall sell the Suburb D property provided that the sale price is not less than 10% below the auction reserve price.
4.Upon the settlement of the sale of the Suburb D property the proceeds of sale shall be paid in the following manner and priority:
(a)To discharge the loan secured by mortgage over the Suburb D property;
(b)In payment of any usual rate adjustments affecting the Suburb D property (noting the provisions of Order 3(f));
(c)Payment of the agent’s commission, auctioneers costs and advertising or other expenses, if any, payable on the sale;
(d)Payment of the legal costs incurred by the solicitor/conveyancer instructed to act on the sale;
(e)In repayment to the Wife of the sums referred to in Order 3(g);
(f)In repayment to either of the parties for amounts paid by them to prepare the Suburb D property for sale or otherwise prepay any of the agents/marketing costs;
(g)The balance to be divided to achieve an overall property division of;
a.60% to the Wife; and
b.40% to the Husband and from the husband’s property settlement entitlement he shall pay the following expenses;
i.Any amount due and outstanding at the date of settlement for council rates, water rates and other costs associated with the Suburb D property;
ii.Any amount required to discharge the husband’s obligation under Order INSERT in the event the amount has not been paid pending the settlement of the sale of the Suburb D property.
5.Each of the parties are permitted to bid at the auction of the Suburb D property or to purchase the property by way of private treaty in accordance with these Orders.
6.In the event that the Suburb D Property is not sold at the auction pursuant Order 1 or within 14 days after the date of the auction by further negotiation, then the Suburb D property shall immediately be listed for sale by private treaty and it shall remain listed for sale by private treaty until the property is sold and the sale price shall be determined as follows:
a.For a period of 6 weeks after the auction the sale price shall be the reserve price used at the auction;
b.In the event the property is not sold then the sale price shall reduce by 5% after each 6 week period.
c.Upon the sale of the property the proceeds of sale shall be distributed in accordance with Order 4.
7.That pending the settlement of the sale of the Suburb D Property and after the expiration of the period provided for in Order 2 hereof the Wife shall have exclusive occupation of the Suburb D property.
8.Pending the sale of the Suburb D property the Husband continue to pay, as they fall due, all regular instalments in respect of the mortgage, council rates, water rates and household insurance in respect of the Suburb D property and shall indemnify and keep indemnified the Wife in respect of any such amounts.
9.Each of the parties shall be restrained by injunction from further encumbering the Suburb D property without the express written consent of the other party.
Superannuation
10.That the Court allocates, as required by s.90MT(4) of the Family Law Act 1975 a base amount that totals 60% of the Total Superannuation, to the Wife out of the interest held by the Husband in the Super Fund 1 Trust.
11.That pursuant to Paragraph 90MT(1)(a) of the Family Law Act 1975, whenever the Trustee of the Super Fund 1 Trust makes a splittable payment, from the interest, held by the Husband, the Trustee shall pay to the Wife or her administrators, executors, beneficiaries, heirs, or assigns the entitlement calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, and there shall be a corresponding reduction in the entitlement the Husband would have had in the Super Fund 1 Trust but for these Orders.
12.That Order 10 has effect from the operative time which is 4 business days after service of this Application upon the Trustee.
13.That the Trustee of the Super Fund 1 Trust in accordance with the obligations set out under the Family Law Act 1975 and Family Law (Superannuation) Regulation 2001, shall do all such acts and things and sign all such documents as may be necessary to calculate the entitlement of, and make payment to, the Wife in accordance with Order 7 of these Orders.
14.Within 7 days of the date Orders are made in this matter the husband shall do all acts and things and pay all monies so as to have his Super Fund 1 Fund valued as at the date judgement is handed down and he shall provide to the Wife’s solicitor a copy of all correspondence engaged in with Super Fund 1 and any valuer appointed forthwith upon receipt including a copy of the valuation of the husband’s interest in the fund
15.The Total Superannuation shall be determined by the addition of:
a.The Wife’s superannuation which has a value of INSERT; and
b.The Husband’s superannuation the value of which shall be determined in accordance with Order 14.
Generally
16.That apart from as provided otherwise herein, each party shall have the sole right title and interest in:
a.chattels, goods, furnishings and other property which is, at the date hereof, in their possession respectively; and
b.Any moneys, shares, debentures, investments and superannuation entitlements which stand in their sole name or to their credit respectively at the date hereof.
17.That apart from as provided otherwise herein, each party shall be responsible for and shall indemnify the other party against and from:
a.Any credit card liability which stands in their sole name respectively and/or jointly with another person at the date hereof; and
b.All other debts and/or liabilities which stand in their sole names respectively and/or jointly with another person at the date hereof.
Spousal Maintenance Orders
18.THE COURT NOTES that orders were made on INSERT for the husband to pay the wife spousal maintenance in the sum of $225 per week pending further Order. The Husband has unilaterally ceased making payments in accordance with those orders to the Wife. There is an amount of $7,650 that remains outstanding pursuant to these Orders as at the conclusion of the trial.
19.Within 7 days of the date judgment is handed down in this matter the husband shall pay to the wife the following:
c.An amount of $7,650; and
d.The sum of $225 times the number of weeks that have elapsed since the conclusion of the trial; and
e.Interest in the amount of INSERT per week for each week that has elapsed after the trial on the total of the amounts stated in Order 13(a) and 13(b).
20.The Husband shall pay, pursuant to s74 of the Family Law Act, spousal maintenance to the wife in the sum of $225 per week, each week for a period of 3 years, with the first payment to be made on the first Monday after the making of these Orders and continuing thereafter for a period of 3 years thereafter.
21.Any and all spouse maintenance payments made to the Wife by the Husband shall be made by way of electronic funds transfer from the Husband to the Wife to an account nominated by the Wife from time to time.
FINAL PARENTING ORDERS
Parental Responsibility
22.That the mother have sole parental responsibility for the Children, X, born on … 2011 and Y, born on … 2013 (“the Children”).
23.The parties have sole parental responsibility for making decisions about the day-to-day care, welfare and development of the Children whilst the Children are in the parties’ respective care.
Living arrangements
24.The Children shall live with the Mother.
25.The Children shall spend time with the Father during school terms from the conclusion of school on Thursday or otherwise 3.00pm in the event the children or one of them is not attending school continuing until the commencement of school or otherwise 9.00am on Monday the first of such weekends to occur on the first Thursday of school terms and continue in alternate weekends thereafter for each school term.
26.The children spend time with their father during school holidays as follows:
a.For one half of the Term 1, 2 and 3 school holidays in each year as agreed and failing agreement alternating between the first half in even numbered years and the second half in odd numbered years, commencing at 3:00pm on the last day the Children, or the youngest of them is required to attend school and concluding at 9.00am on the first day the Children, or the youngest of them are required to attend school at the commencement of the next school term.
b.For one half of the Term 4 New South Wales school holidays in each year as agreed and failing agreement alternating on a week-about basis, commencing at 3:00pm on the last day of term 4 for the youngest child and concluding at 9.00am on the first day that the children or the youngest of them are required to attend school at the commencement of term 1 the following year.
27.In the event the Husband is unable to spend time with the children in accordance with Orders 25 or 26 hereof due to his work roster and he shall:
a.Provide the mother with a copy of his work roster within 48 hours of that roster being released;
b.Notify the mother of the days that he will be unable to care for the children;
c.Propose 3 alternate sets of dates when he is not working to spend time with the children;
d.The mother shall use her best endeavours to facilitate the children spending time with the father if possible.
28.Notwithstanding any other order herein if the Children are not already in the Mother’s care:
a.The Children shall spend time with the Mother on Mother’s Day each year from the conclusion of school on Friday until the commencement of school on Monday and if this is not a weekend the children are already in the mother’s care the parties shall swap weekends so the children spend the weekend following Mother’s Day with the father;
b.The Children shall spend time with the Mother for Christmas as follows:
1.From 3:00pm Christmas Eve until 3:00pm Christmas Day, commencing in 2021 and continuing each alternate year thereafter; and
2.From 3:00pm Christmas Day until 3:00pm Boxing Day commencing in 2020 and continuing each alternate year thereafter.
29. If the Children are not already in the Father’s care:
a.The Children shall spend time with the Father on Father’s Day each year from the conclusion of school on Friday until the commencement of school on Monday and if this is not a weekend the children are already in the father’s care the parties shall swap weekends so the children spend the weekend following Father’s Day with the mother;
b.The Children shall spend time with the Father for Christmas as follows:
1.From 3:00pm Christmas Eve until 3:00pm Christmas Day, commencing in 2020 and continuing each alternate year thereafter; and
2.From 3:00pm Christmas Day until 3:00pm Boxing Day commencing in 2021 and continuing each alternate year thereafter.
30.That in the event either party is unable to personally care for the Children for any period greater than four (4) consecutive hours, the party who is unable to personally care for the Children must consult the other party prior to making arrangements for the Children’s supervision during such occasions and must give the other party the first option to care for the Children during the whole of such period.
31.That for the purposes of Order 24 herein and unless agreed otherwise, the Children are not be left unsupervised or in the supervision of the Children’s brother, W.
32.The children are not to be left unsupervised or in the care of Ms Z Giunta unless by express written agreement.
Changeover
33.Changeover shall occur at school and in the event changeover occurs on a day the Children are not at school the parties shall effect changeover outside Suburb E McDonalds unless otherwise agreed.
Communication
34.The parents shall facilitate the children speaking with either parent at any time the request to do so whether that communication occurs in writing, via telephone, Skype or any other form or electronic communication.
35.The parents shall be permitted to have liberal telephone time with the Children whilst they are in the other parent’s care and the parent who has the care of the Children will facilitate this time as far as reasonably practicable by providing the children with a quiet and private space (not on loud speaker), not distracting the Children with television or other activities and otherwise encouraging the communication.
Health care & Education
36.Each party shall notify the other party, as soon as reasonably practicable, of all medical emergencies involving the Children and shall provide the details of the Children’s location and proposed care in the event of such medical emergencies.
37.That both parties are at liberty to attend all sporting events and extra-curricular activities in which the Children participates which allow for parental involvement and/or attendance.
38.The parties shall each do all acts and things and sign all documents necessary to authorise and direct the principal and staff (including the Children’s teachers) to provide to each party upon his/her individual request and at his / her sole cost, copies of all documents and information held by them about the Children.
39.That the parties shall do all acts and things and sign all documents necessary to enable the Children to be enrolled in the same primary school until the conclusion of their primary school education.
40.Both parties shall keep the other informed of their residential address, telephone number and best contact details and update the other party promptly in the event of a change to those details.
Injunctions
41.That when the Children spend time with either parent in accordance with these Orders, the parties be restrained from:
a.Swearing at or in the presence of the Children;
b.Physically disciplining the Children by hitting him or striking him and the parties shall use their best endeavours to ensure that any third party does not physically discipline the Children; and
c.Making critical or derogatory remarks about the other party and/or the other party’s family in the presence or hearing of the Children, or directly via e-mail, telephone or text to the other party.
42. That each party is hereby restrained from:
a.Discussing these proceedings with or within the hearing of the Children; and
b.Disclosing and/or showing the Children any text messages exchanged between the parties or any communications regarding the Children’s time with either party.
International Travel
43.That pursuant to Section 65Y(2) of the Family Law Act 1975 (Cth), both parties are permitted to temporarily remove the Children from the Commonwealth of Australia for the purposes of overseas holiday and travel provided that:
a.the proposed travel period does not exceed two (2) consecutive weeks; and
b.the proposed travel period does not impact on the Children’s time with the non-travelling party as set out in Order 20 herein; and
c.the party proposing overseas travel shall give to the non-traveling party, at least 5 weeks in advance of the proposed travel, written details of the arrival and departure dates and locations outside of the Commonwealth of Australia where it is proposed the Children will travel (being countries, cities and towns); and
d.not less than two (2) weeks in advance of the proposed travel, the party proposing overseas travel for the Children must provide to the other non-traveling party a photocopy of all return airline and/or shipping tickets evidencing the Children’s return to the Commonwealth of Australia and copies of any written itinerary for travel; and
e.not less than one (1) week in advance of the proposed travel, the party proposing overseas travel for the Children must provide to the other party written notice of the contact telephone numbers and addresses for all places where the Children will be staying overnight when outside of the Commonwealth of Australia; and
f.the party proposing overseas travel for the Children must ensure that they are covered by a valid personal / illness/ injury and hospitalisation travel insurance policy for the duration of travel outside of the Commonwealth of Australia; and
g.not less than one (1) week following the Children’s return from outside of the Commonwealth of Australia, the Children’s passports are to be returned and stored in accordance with Order 41 herein.
44.That pursuant to Section 65Y(2) of the Family Law Act 1975 (Cth), the Mother be permitted to temporarily remove the Children from the Commonwealth of Australia for the purposes of visiting the Mother’s extended family in the United Kingdom for a period not exceeding four (4) consecutive weeks each year and that the conditions set out in Orders 38 to 38 (inclusive) herein shall apply.
45.That for the purposes of Order 38 and 39 herein and if the party proposing overseas travel for the Children happens to be the Mother:
a.no less than six (6) weeks in advance of the proposed travel, the Mother is to select flights (including date, time, carrier, stopovers, route, etc) and provide to the Father details of the proposed flight(s) for the purpose of booking and purchasing discounted airfare tickets;
b.no less than four (4) weeks in advance of the proposed travel, the Father shall do all acts and things and sign all documents necessary to facilitate the booking and purchasing of discounted airfare tickets for the Mother and the Children using the Father’s staff travel benefits and must provide to the Mother a photocopy of all return airline tickets evidencing the purchase of the discounted return airfare tickets;
c.no less than five (5) days after the purchase of the discounted airfare tickets in satisfaction of Order 39.2 herein, the Mother is to pay to the Father the sum equivalent to the purchase of the discounted return airfares and associated costs and in the event that part or all of the cost of the discounted airfare tickets are refunded to the Father, then such monies shall be paid back to the Mother no less than 48 hours after such funds have been received by the Father.
46.That in the event of the Children’s Australian and British Passports expiring, the parties do all things necessary to issue or renew a Passport in respect of the Children and shall pay the costs of such applications equally.
47.The Australian and British passports belonging to X shall be retained by the Father and the Australian and British passports belonging to Y shall be retained by the Mother.
Other
41.The father shall within 28 days of the date of these Orders provide to the mother a copy of all photographs, videos, and records relating to the children that were stored electronically by the parties and have been retained by the Husband post separation.
Implementation
42.The parties shall do all acts and things and sign all documents so as to give effect to these Orders.
43.In the event that either party refuses or neglects to execute any document necessary to give effect to any and all of these Orders, then a Registrar of the Federal Circuit Court of Australia shall be appointed pursuant to s106A of the Family Law Act 1975 (Cth) to execute all such documents in the name of said property.
44.Each party shall have leave to apply further in respect of the implementation of any of these Orders on seven (7) days’ notice to the other party.
Costs
45.That the Applicant pay the Respondent’s costs of and incidental to these proceedings
Orders sought by the Independent Children’s Lawyer

The reference, by Ms T, to the wife being “pathologized” is recorded in the context of the husband imputing that the wife suffers from borderline personality disorder, which resulted in the wife requesting Ms T to assess whether a diagnosis of borderline personality disorder was appropriate for her. Ms T’s reference to the wife being “defamed” is in respect to emails, sent by the husband, criticising the wife’s conduct, and contending in those emails that the wife suffered mental illness. As noted, the husband’s communications with the maternal grandfather, the maternal uncle, the wife’s solicitors and a friend of the wife’s, included attaching sound and video recordings which he had made of the wife.
Ms T recorded that her diagnosis of the wife was that she suffered an “Adjustment Disorder with Mixed Anxiety and Depressed Mood” which required ongoing treatment and therapy to “address anxiety management”, and enable Ms T to monitor the “[i]ncreased signs of secondary depression”, which she recorded as being “concerning”.
In her Mental Health Treatment Plan Review dated 6 May 2020, she recorded the wife:
consistently reported symptoms of fluctuating anxiety; of at least moderate severity, but periodically severe, when in response to triggers related to the protracted and acrimonious marital separation, associated legal proceedings, and disruptions or breaches to the co-parenting arrangements and court orders in place.
(As per original) (see annexure ‘B’ to the Affidavit of Ms T filed 15 May 2020)
Ms T recorded that the wife reported “particularly marked physiological anxiety symptoms, including feeling on edge, nervousness, difficulty in winding down, breathlessness and muscle tension”. She further noted the wife reporting depressed mood, including “tearfulness, hopelessness, anhedonia, and loss of appetite”. Ms T also recorded the wife reporting “ongoing hypervigilance, re-experiencing symptoms such as intrusive recollections and nightmares,” as well as reporting “negative alterations in her cognition, notably disruption to her self-esteem, themes of helplessness, [and] loss of safety”.
Ms T observed that the wife’s physical presentation was consistent with the symptoms she reported including the fact that the wife’s “breathing pattern was shown on live trace to be shallow and irregular, consistent with her self-report”.
Ms T further reported that:
[The wife] has been experiencing particular anxiety regarding the upcoming hearing of her appeal against her AVO conviction. She has described how the conviction, her experience of police custody, and repetitive attacks on her character by her estranged husband have undermined her confidence and her sense of self.
In her review, Ms T noted that:
… [the wife] has been provided with psycho-education regarding the potential impact of prolonged exposure to stress and threat of the nature she has reported, including how her aggressive responses to said repetitive verbal attacks and confrontations, and being verbally and nonverbally provoked and then video and audio recorded without consent, can be understood as threat responses given [the wife] has denied that aggression has been a feature of other relationships in her life.
In giving oral evidence, Ms T acknowledged that a significant aspect of the wife’s stress had resulted from the circumstances in which she had been arrested and charged with a criminal offence on 7 January 2019, and her ongoing defence of that charge, as well as the challenge of the varied ADVO that was issued, in respect to events which occurred on 22 January 2019. Nonetheless, it is clear, from a reading of Ms T’s review, and from her oral evidence, that the wife’s emotional and psychological well-being has been significantly adversely impacted by the husband’s coercive and conduct, which includes his electronic surveillance of the wife and his use of that recorded material to impugn her mental health to members of her family, her lawyers and her friend.
While Ms T acknowledged that the wife was able to discharge her responsibilities as a parent, a forensic analysis of the evidence in this matter satisfies me that an inescapable inference is that the family violence perpetrated by the husband upon the wife, including but not limited to his extensive and prolonged audio and video recording of the wife, had a discernible impact upon the wife such that it made her contributions, as contemplated by s 79(4) of the Act, significantly more arduous. As a result, I am satisfied that the mother is entitled to an adjustment of 8 per cent in her favour.
Conclusion in respect to s 79(4) considerations, as adjusted by the impact of family violence
As result of the totality of matters to which I have referred, I am satisfied that an adjustment of five (5) per cent in favour of the husband is appropriate, just and equitable. This is 13 per cent adjustment to the father, to which I have referred, less eight (8) per cent adjustment to the wife in respect to the application of what I have described as the “the Kennon principle”. In doing so, the adjustment that I have included in favour of the wife, in respect to the “Kennon principle”, should not be regarded as what the Court considers as fair and reasonable compensation for the impact of the husband’s conduct upon the wife. His conduct clearly had emotional and psychological and, indeed, physical consequences for the wife.
Relevant s 75(2) factors pursuant to s 79(4)(e)
In respect to the s 75(2) considerations, the husband, appropriately, in my view, acknowledged that there should be an adjustment in favour of the wife. In that respect, by way of summary, counsel for the husband submitted, in the course of oral submissions, “whilst not huge, that there is an income disparity warranting an adjustment” (Transcript 21 December 2020, p.51 line 1), and that the adjustment in favour of the wife “would be 5 to 10 per cent. 10 per cent at the upper range” taking into account:
the medium term uncertainty of the [the husband’s] occupation
the qualification and income earning capacity of the wife in the long term, noting that she earned $66,000 during the nesting arrangement
[the husband] is unable to work internationally beyond the age of 65 and will need to retrain to remain in employment.
(Transcript 21 December 2020, p.53 lines 41–42)
Comparatively, the wife contended that the s 75(2) adjustment in her favour should be in the order of 10 to 15 per cent, based on the income disparity between the parties and her parenting responsibilities. In that respect, it was contended that the Court should have regard to the fact that the husband has confirmed that he will be seeking to gain a promotion, which would result in an increase in his income of between AUD$60,000 to AUD$75,000. As compared to the husband’s situation, the wife contends that the Court should have regard to the fact that, in the context of her qualifications and working experience being in healthcare, she does not have the same income earning capacity.
For reasons which I set out below, I am satisfied that there should be a 10 per cent adjustment in favour of the wife, pursuant to the s 75(2) considerations.
Sub-section (2)(a) – the age and state of health of each of the parties
As at the date of the hearing, the husband was 49 years of age and the wife was 43 years of age. Both parties are in good physical health.
The wife attests, however, to her mental health being adversely impacted by exposure to family violence perpetrated on the part of the husband. The wife regularly sees her treating psychologist, Ms T, approximately once every fortnight, and has seen a psychiatrist on two (2) earlier occasions in approximately 2017. I am satisfied that the wife experiences depression and anxiety, which has been significantly exacerbated by family violence perpetrated by the husband. However, fortunately, there is no evidence that the wife’s earning capacity has been adversely impacted by those conditions.
Both parties have significant employment qualifications. The husband works for an international company and the wife works in healthcare. The husband’s employment has, however, been adversely impacted by the COVID-19 pandemic. In that respect, the husband attests, at paragraph 103 of his Affidavit, that:
I am currently stood down from work due to the covid-19 pandemic, it is unlikely that international work for me will resume this year. I am accessing leave at half pay so as to cover the extended time being stood down.I am hopeful that I will not lose my job, but feel insecure about the long term continuity of work given the global travel restrictions and that this may happen again in the future.
I accept that there is an element of insecurity in respect to the husband’s ongoing employment, in the context of the current COVID-19 pandemic. However, to his credit, the husband has also shown adaptability in his employment, including a preparedness to work in a different area. On the basis of evidence presented to the Court, I am satisfied that the husband will continue to find work in his vocation, although I accept that his income will be reduced during the period of the COVID-19 health crisis, and that it may take some time for his income to build back up to what it was prior to the COVID-19 pandemic.
I accept that the wife’s employment has also been adversely impacted by the COVID-19 pandemic. In particular, during the health crisis, the wife was unable to work as an instructor in the period from 15 March 2020. It is not clear as to when those classes will resume, although, hopefully, as the health crisis subsides, the wife will once again have the opportunity to teach those classes.
Sub-section (2)(b) – the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment
The wife has held positions as a senior healthcare professional and clinical specialist at the Q Hospital. Her academic records include 2 diplomas and a bachelor degree of science.
The husband contends, at paragraph 110 of his Affidavit, that, in earlier evidence presented to the Federal Circuit Court of Australia by the wife, in support of an application for interim spousal maintenance, she understated her income. I am not satisfied that is the case. More relevantly, however, I am satisfied that, as at the date of the hearing before me, the wife’s average weekly income is as stated in her Financial Statement filed 16 April 2020, being the sum of approximately $867 per week, which she receives in the course of undertaking her employment as a healthcare professional.
In that same Financial Statement, as attested in her Affidavit, the wife indicated that she was not, as result of the COVID-19 pandemic, able to undertake her employment as an instructor. While there is an element of doubt as to the progress of the COVID-19 pandemic, it is reasonable to assume that the wife has the capacity to earn an income equivalent to that which she earned during the 2019 financial year, being a taxable income of AUD$66,625 per annum, or AUD$1,281 per week, as asserted by the husband at paragraph 110 of his Affidavit.
The husband contends that the maternal grandfather holds funds, being part of the net sale proceeds of F Cottage, on behalf of the wife which, in the alternative to his claim for those funds to be added back to the property pool, the husband contends is a financial resource of the wife. At paragraph 586 of her Affidavit, the wife denies that the maternal grandfather holds money on her behalf, or that she has control over any funds held by her husband. For reasons which I have previously set out, I accept the evidence of the wife and the maternal grandfather, in respect to the allocation of the sale proceeds of F cottage, and I accept the wife’s evidence as set out in paragraph 586 of her Affidavit.
Noting that I have considered that the wife’s annual income which she received prior to the impact of the COVID-19 pandemic as an accurate reflection of her earning capacity, I also find that the income earned by the husband in his capacity as an employee for an international company in the period prior to the COVID-19 pandemic is an accurate reflection of his earning capacity. In that respect, at paragraph 110 of the husband’s Affidavit, he attaches a Child Support Assessment Notice which recorded his annual income as AUD$184,961.
I note that the husband has indicated his intention to undertake relevant training and testing, with a view to obtaining qualification as a more senior employee. However, having regard to the fact that the husband has, in the past, failed those testing requirements, and having regard to his temperament and poor impulse control, as demonstrated in these proceedings, I am not satisfied that, as a matter of probability, the husband is likely, in the future, to successfully complete that additional training and assessment which, according to the husband’s statement to Dr B, to which I have earlier referred, was a time of vulnerability for him. Accordingly, I have not had regard to the prospect of the husband obtaining that additional qualification in determining a s 75(2) adjustment to the wife.
Sub-section (2)(c) – whether either party has the care or control of a child of the marriage who has not attained the age of 18 years
Both parties have the care and control of the children. It is, however, significant that the children will be living with the wife and spending five (5) nights per fortnight with the husband in accordance with the orders that I make in this matter.
Sub-sections (2)(d) and (e) – commitments of each of the parties that are necessary to enable the party to support himself or herself, and a child or another person that the party has a duty to maintain
Both parties have filed Financial Statements setting out their summary of weekly income and expenditure.
The wife states, in her Financial Statement filed 16 April 2020, that her weekly expenditure in attending to her own needs and those of the children totals approximately AUD$2,065 per week. However, that expenditure includes an amount of AUD$80 per week that she is paying to retain her affiliation with Airbnb, and also includes credit card payments of AUD$650 per week. I have disregarded those two items in assessing the reasonable needs of the wife.
In addition to responsibility for sharing in the care of the children, it is acknowledged that the husband has ongoing responsibility for caring for W, who was, as at the date of hearing, 16 years of age. The husband’s Financial Statement filed 2 November 2020 has not differentiated between weekly expenditure which he incurs for himself against weekly expenditure which he incurs for himself and his children. The husband stated, however, that the totality of his average weekly expenditure is AUD$983 per week. I am satisfied that amount represents the reasonable needs of the husband to support himself, the children and W.
Sub-section (2)(e) – the responsibilities of either party to support any other person
It is not contended that, other than having responsibility to care for the children to whom I have referred, either party has responsibility for caring for any other person.
Sub-section (2)(f) – the eligibility of either party for a pension, allowance or benefit under any law of the Commonwealth, of a State or Territory or of another country; or any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia; and the rate of any such pension, allowance or benefit being paid to either party
At paragraph 12 of his Financial Statement filed 2 November 2020, the husband states that he receives Family Tax Benefit totalling AUD$178 per week.
At paragraph 12 of her Financial Statement filed 16 April 2020, the wife states that she receives Family Tax Benefit of AUD$58 per week.
I have earlier set out the parties’ respective superannuation entitlements, noting that the husband’s superannuation entitlement is substantially greater than that of the wife’s.
Sub-section (2)(g) – where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable
The husband contends, at paragraphs 107 through to 109 of his Affidavit, that, in the period subsequent to him being required to pay spousal maintenance to the wife, she has engaged in excessive leisure travel, including to a European city and Melbourne, which he contends is inconsistent with the wife’s primary contention that she is unable to adequately support herself on her income.
I acknowledge that the wife has had trips to a European city and Melbourne as contended by the husband, however, that evidence has not satisfied me that the wife has, in any way, misstated her financial circumstances, and, specifically, her needs to adequately support herself, particularly in circumstances where she will, pursuant to the orders I make, have the children in her care for nine (9) nights per fortnight.
A challenge for both parties in being able to maintain a reasonable standard of living, in the period subsequent to these proceedings, will be obtaining appropriate housing for themselves and the children, either by way of purchase or rental. In circumstances where a substantial part of the property pool consists of the husband’s superannuation entitlement, this will present a challenge for both parties.
Sub-section (2)(h) – the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income
The additional training which the husband intends to undertake, to increase his qualifications, will be provided by his employer, and no additional funds are required for that purpose.
There is no evidence that the wife proposes to engage in any additional training.
Sub-section (2)(ha) – the effect of any proposed order on the ability of a creditor of a party to recover the creditor’s debt, so far as that effect is relevant
The most significant liability in this matter is the parties’ mortgage secured over the Suburb D property. The rights of the mortgagee will not be impacted by these orders.
The wife attests to having liabilities to repay monies to her friends, Ms JJ and Ms KK. Those liabilities will remain the personal responsibility of the wife to pay from the distribution of property which she receives pursuant to the adjustment I make in these proceedings. I have not taken those debts into account in determining the appropriate s 75(2) adjustment.
Sub-section (2)(j) – the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party
During the period of the parties’ relationship, and, also, in the period subsequent to their separation, it has been necessary for them to modify their own working arrangements in order to coordinate with the other party’s employment roster.
At paragraph 643 of her Affidavit, the wife attests that she was not able to work when the husband was working for the international company, unless those shifts that the husband was working were during a period when the children were at school or preschool, or other arrangements had been made for the care of the children. This included circumstances where the husband’s shifts may have been delayed. I accept that this would have impacted upon the wife’s flexibility in her employment.
I further accept that the husband has made arrangements with his employer for him to be rostered on duty at those times when the children are spending time with the wife.
Aside from the effect upon the time when the parties worked, there is no evidence, however, that the fact that either party has required family-friendly working arrangements has adversely impacted upon their respective careers.
Sub-section (2)(k) – the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration

The parties commenced cohabiting in December 2008. The parties were subsequently married in 2010, and were married for 7.5 years before finally separating, on either 23 April, as contended by the wife, or 13 May 2018, as contended by the husband.
I accept that the wife initially reduced her hours of work to four (4) shifts per week, in order for the parties to spend additional time together and with W, after she moved from Country N to Australia. The wife has had periods off work consequent upon the birth of the children. I have earlier referred to her evidence in that respect. The wife was not challenged on her evidence that, after Y was born, she was working on a contract basis of eight (8) hours per week, to ensure that she had time to care for the children, and also to care for W during those times that he was spending with the husband. I accept that this was the case, and that the wife’s earnings would have been impacted by working reduced hours. I further accept that the wife’s ability to contribute to her superannuation would have been similarly affected.
At paragraph 698 of her Affidavit, the wife attests to increasing her hours of work at Q Hospital from eight (8) hours to 16 hours per week. The wife contends that, however, to enable her to work those additional hours, she has incurred additional childminding expenses in order to engage a babysitter. I accept that to be the case.
At paragraph 700 of her Affidavit, the wife attests to being willing to work additional hours if they are available, and she further attests to supplementing her income by taking on additional casual shifts and other work as an instructor when they have become available. The wife has also taken on additional weekend shifts when the opportunity has arisen. At paragraph 701, the wife attests that her average weekly income has increased from an average of AUD$769 to an average of AUD$867 per week. For reasons which I have earlier set out, I am satisfied that, in the period subsequent to the COVID-19 pandemic, the wife’s income is likely to increase to that which she received prior to the impact of the pandemic.
While the wife’s income has unquestionably been affected by the fact that, in order to undertake her parenting responsibilities, she has had periods where she has worked reduced hours, there is no evidence that working those reduced hours has adversely impacted upon the wife’s career progression or her future earning capacity.
Sub-section (2)(l) – the need to protect a party who wishes to continue that party’s role as a parent
Both parties wish to continue in their role as carers of the children and, pursuant to the parenting orders that I make, the children will spend a substantial and significant time with both parents.
Sub-section (2)(m) – if either party is cohabiting with another person—the financial circumstances relating to the cohabitation
This is not a relevant consideration.
Sub-section (2)(n) – the terms of any order made or proposed to be made under section 79 in relation to the property of the parties; or vested bankruptcy property in relation to a bankrupt party
I have set out the adjustment that I propose, as A result of those s 79(4) considerations, which I have earlier identified and explained.
Sub-section (2)(naa) – the terms of any order or declaration made, or proposed to be made, under Part VIIIAB in relation to a party to the marriage; or a person who is a party to a de facto relationship with a party to the marriage; or the property of or vested bankruptcy property in relation to a person covered by the categories aforementioned
This is not a relevant consideration.
Sub-section (2)(na) – any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage
On 23 September 2019, the husband was assessed as being required to pay child support to the wife, in respect to the children, at the rate of AUD$187.51 per week. The assessment was made on the basis of the calculation of the husband’s provisional adjusted taxable income as being AUD$184,961 per annum, and the wife’s being AUD$66,625 per annum.
On 19 May 2020, in the context of the husband’s employment being impacted by the COVID-19 pandemic, the husband made an application for a reduction in the amount he was required to pay by way of child support. The wife, in turn, made a counter application. The end result was that, in the period from 19 May 2020 until 6 November 2020, the wife received, in total, as child support from the husband, the sum of AUD$2,466, which included back pay for a period that the husband did not pay child support to the wife.
On 23 June 2020, the husband made a further application for review of his child support liability, which review resulted in a determination that the wife was required to pay the husband AUD$350 per fortnight. The wife subsequently appealed that decision such that, as at 6 November 2020, the wife was required to pay the husband, by way of child support, the sum of AUD$287 per month.
This obligation is in the context where I have determined that the wife’s average weekly income, in the context of her employment being adversely impacted by the COVID-19 pandemic, to be AUD$867 per week. That amount is assessed on the basis of the wife’s average pay in March and April 2020 which, with those months occurring during the start of the COVID-19 pandemic, initially adversely impacted upon the wife by depriving her of the opportunity to work as an instructor.
The husband applied to reduce his child support liability, despite acknowledging that he had cash at bank of approximately AUD$180,000. The husband was, of course, as a matter of law, entitled to apply for a reduction of his child support liability. Nonetheless, his actions in doing so satisfies me that, in the event that he does experience future instability in his employment, including potentially as a result of the ongoing COVID-19 pandemic, he will, as a matter of probability, make an application for the wife to pay child support to him. In circumstances where the wife receives a relatively modest income, in her capacity as a healthcare professional, and she has responsibility for caring for the children nine (9) nights per fortnight, this would present a hardship to her.
Sub-section (2)(o) – any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account
At paragraph 60 of his Affidavit, the husband alleges that the wife engaged in excessive discretionary spending, during the course of the parties’ relationship, and subsequent to it. As noted, specifically, the husband contends that the wife spent an excessive amount on travel and holidays. It is not been contended, however, that the Court should have regard to that discretionary spending in considering whether there should be an adjustment pursuant to s 75(2) of the Act.
As previously noted, the husband also contends that the wife unnecessarily paid, to the maternal grandfather, proceeds from a life insurance policy with HH in the sum of GBP£10,000. For reason’s which I have earlier set out, I have determined that not to be the case. Accordingly, I have not considered that payment in determining the appropriate adjustment pursuant to s 75(2).
Comparatively, at paragraphs 599 and 600 of her Affidavit, the wife contends that, in early 2014, the husband lost approximately AUD$60,000 in a poor share investment, resulting in the parties losing their deposit for the purchase of a property. Comparatively, the husband acknowledged that he lost money on the share investment, but contended that it was only approximately AUD$30,000 (see Transcript 9 November 2020, p.71 lines 5–28). Further, the husband contends that he had discussed with the wife the fact that the share price was declining, and they mutually agreed that he would refrain from selling the shares in the hope that the share price would increase over time. The evidence in these proceedings is not such that I am able to determine which of the parties account in respect to the share transactions is correct.
Moreover, in determining what is a just and equitable adjustment of the parties’ property, authorities provide guidance that, generally speaking, parties are to take “the good with the bad”, in terms of the parties’ endeavours to increase their earnings and capital gain, during the course of their relationship, and, absent evidence that a party was engaged in a frolic of their own and acting contrary to the other parties’ express wishes, there is no justification for attributing a liability incurred by one party in attempting to earn an income or achieve a capital gain to that party only: see, for instance, Johnson v Johnson (No. 1) (1999) 26 Fam LR 475. Accordingly, I have not had regard to the loss that the husband sustained in respect to the share trading investment in determining what is a just and equitable adjustment of the parties matrimonial property.
The wife further contends that, on 8 December 2016, the husband purchased a boat for the sum of AUD$37,000 without consulting her. The husband did not dispute the purchase of the boat, nor the price asserted by the wife. However, the wife has not presented evidence that satisfies me that the purchase of the boat, by the husband, constitutes waste, or should otherwise be taken into consideration in reducing the portion of property allocated to the husband.
An issue of tension between the parties, both during and subsequent to their relationship, has been the wife’s desire to operate an Airbnb business, known as “U Cottage”, from the Suburb D property. I accept that the husband has been reluctant for that business to be operated from the former matrimonial home, and, during the period of the parties’ relationship, suggested that, instead of the business being operated as rental holiday accommodation, that W sleep in at least a part of the area that would be used for the business.
It is clear that the parties’ competing desires in respect to the use of the premises was a source of tension between them. I accept, however, that the wife accepted guests into the Airbnb accommodation in April 2018, and that, for a limited period, she earned income of approximately AUD$100 per night. I accept that, as a result of the husband’s reluctance for part of the Suburb D property to be used for Airbnb accommodation, the wife has not been able to earn income from that business. However, equally, I am not entirely satisfied that operating the business, in circumstances where young children are staying in the home, is appropriate. Accordingly, I have not taken into consideration lost income that could have potentially have been earned from the Airbnb business in determining the fair and equitable adjustment of property between the parties consequent upon the breakdown of their relationship.
In terms of matters favouring an adjustment to the wife pursuant to s 75(2)(o) of the Act, I have had regard to the fact that, despite orders in place requiring the husband to meet the ongoing mortgage, in the period subsequent to April 2020, he has not done so. In noting that fact, I recognise that he has applied to the bank for a moratorium in interest repayments, as a result of the impact of the COVID-19 pandemic on his employment. Nonetheless, I am satisfied that the husband has had, during that period, capital available from which he could have paid the mortgage. Similarly, since April 2020, the husband has failed to pay spousal maintenance to the wife in accordance with orders of the Federal Circuit Court of Australia.
A further consideration pursuant to s 75(2)(o) is that, during the course of the parties’ relationship, the wife assisted in caring for W, the husband’s son by his first marriage. The wife is entitled to recognition for the role that she played in caring for W at those times that he was living with the parties, including, on several occasions, overnight, when the husband was unavailable to be home as a result of his employment responsibilities.
Sub-sections (2)(p) and (q) – the terms of any financial agreement and any Part VIIIAB financial agreement that is binding on the parties to the marriage
This is not a relevant consideration.
Evaluation of s 75 (2) factors
For those reasons, pursuant to those s 75(2) considerations that I have identified as being relevant, I have determined that the wife is entitled to an appropriate adjustment of 10 per cent. The most significant factors, in my determination in that respect, is the differing income earning potential between the parties, the fact that the wife is entitled to recognition for the role she played in assisting to care for W during the period of the parties’ relationship, and the fact that the wife will have primary responsibility for caring for the children for nine (9) nights each fortnight.
Holistic overview and summary of property orders
As a result of the respective adjustments which I have determined to be appropriate, just and equitable in respect to both ss 79(4) and 75(2) considerations, the wife will receive an adjustment in her favour of 55 per cent, with the balance of 45 per cent distributed to the husband.
For reasons which I have set out, I have determined that, leaving aside the Suburb D, that the net matrimonial property available for distribution between the parties is $185,012. However, $10,000 of that amount consists of the household contents of the Suburb D property, which is not readily divisible between the parties. Further, the assets and superannuation already in the husband’s possession considerably exceed that sum.
To give effect to the adjustment which I have determined to be appropriate, just and equitable I have determined that the following course of action is appropriate.
Leaving aside the Suburb D property, household contents and superannuation, the parties’ property, including add backs agreed to by the husband, is as follows:

ASSETS

Ownership Description Value

1 Husband Motor vehicle 2 12,900

2 Husband CC Bank Savings Zero Account #...94 3,100

3 Husband CC Bank QSaver Account #...30 160,292

4 Husband Caravan received by way of inheritance 15,000

5 Wife GG Bank Flex Account (#...22) £8,536 16,193

6 Wife Motor vehicle 3 3,000

Total $210,485

ADDBACKS

Ownership Description Value

7 Husband Sale proceeds of car 200

8 Husband Boat – Proceeds of sale 20,000

Total $20,200

This totals AUD$230,685, of which the wife has property totalling AUD$19,193. This means that, to achieve an adjustment of 55 per cent in her favour, being the amount of AUD$126,876, the wife requires that the amount of AUD$107,684 be transferred to her.
The parties combined superannuation is $704,327. A 55 per cent apportionment to the wife is $387,379.90. The wife currently has superannuation of $57,944. This means that there should be a superannuation splitting order in respect to the husband’s superannuation, requiring the amount of $329,435.90 to be transferred to the wife’s superannuation. This will give the wife a total superannuation of $387,379.90, and the husband a total superannuation of $316,947.20.
The Suburb D property should be sold, and the net sale proceeds distributed on the basis of 55 per cent to the wife and 45 per cent to the husband.
This will leave the wife with property to the value of $126,877, plus 55 per cent of the net proceeds of the sale of the Suburb D property, together with superannuation of $387,379.90. This provides some funds which the wife can access, for the purpose of it being applied to purchase of another property for herself and the children. The wife will also have a reasonable superannuation pool to support her in her retirement.
The husband will have property to the value of $103,808, plus 45 per cent of the net proceeds of the sale of the Suburb D property, and a superannuation entitlement of $316,947.20, in circumstances where the husband also has a substantial earning capacity that will enable him to rebuild his superannuation entitlement. He will also have a reasonable deposit to apply towards rehousing himself and the children when they are in his care.
It is hoped that the parties will take a realistic and common sense view in respect to the distribution, and/or sale, of that property which they agree constitutes household contents to the value of $10,000. However, the orders will provide that, in the absence of the parties agreeing to items being allocated to one or other of the parties, than those items of property which cannot be the subject of agreement should be sold by way of auction.
For these reasons, I am satisfied that the orders set out at the commencement of these reasons for judgment represent an appropriate, just and equitable adjustment of the parties’ property.
COSTS
There is agreement that the wife should pay to the Independent Children’s Lawyer the sum of $412.50, being her half share of the single expert, Dr B’s costs of appearing in court on 12 November 2020.
The wife further agrees that she will reimburse the husband the sum of $4,400, being half of the report fee of Dr B.
In this matter the Independent Children’s Lawyer has also sought orders for the parties to share the costs incurred by the Independent Children’s Lawyer, in the sum of $7,768.75 each. In the event that either party opposes such an order being made, I will give them liberty to file written submissions of no more than two (2) pages, setting out their reasons for opposing the order. In the absence of such written submissions being filed and served, the Court would propose making an order that that the costs order, as sought by the Independent Children’s Lawyer, be made, save that, instead of 28 days, the period of time would be specified to be 42 days.

I certify that the preceding six hundred and seventeen (617) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Deputy Chief Justice McClelland.
Associate:
Dated: 7 May 2021

[2021] FamCA 272

7 May 2021

Key Legal Topics

Areas of Law

Family Law

Civil Procedure

Legal Concepts

Costs

File number(s):	SYC 3842 of 2018
Judgment of:	MCCLELLAND DCJ
Date of judgment:	7 May 2021
Catchwords:	FAMILY LAW – CHILDREN – Best interests – Whether the children should live with each party on an equal basis or spend substantial and significant time with one parent – Whether equal or sole parental responsibility should be ordered – High degree of parental conflict – The impact of family violence on parenting capacity – Orders made for the mother to have sole parental responsibility, the children to live with her and the children to spend five (5) times per fortnight with the father. FAMILY LAW – PROPERTY – Settlement in relation to a marriage – Assessment of contributions – the impact of family violence – adjustment made pursuant to the Kennon principle – Orders made for 55 per cent adjustment in favour of the wife and 45 per cent adjustment to the husband.
Legislation:	Family Law Act 1975 (Cth) ss. 43, 60B, 60CA, 60CC, 61DA 65DAA, 65DAC, 75, 79
Cases cited:	A v A (1998) FLC 92-800 Adamson & Adamson (2014) FLC 93-622 Aleksovski v Aleksovski (1996) FLC 92-705 AM & MM [2005] FamCA 443 Benson & Drury (2020) FLC 93-998 Bonnici and Bonnici (1992) FLC 92-272 Britt & Britt (2017) FLC 93–764 Cabbell & Cabbell [2009] FamCAFC 205 Calder & Calder (2016) FLC 93-691 Carlson & Fluvium [2012] FamCA 32 Coghlan and Coghlan (2005) FLC 93-220 Dickons v Dickons (2012) 50 Fam LR 244 Director-General, Department of Family and Community Services (NSW) v the Colt Children [2013] NSWChC 5 DJM v JLM (1998) FLC 92-816 Dundas & Blake (2013) FLC 93-552 Farnell and Farnell (1996) FLC 92-681 Giller v Procopets (2008) 24 VR 1 Hadlow & Davis [2020] FamCA 161 Hickey and Hickey and Attorney-General (Cth) (2003) FLC 93-143 Hurst & Hurst (2018) FLC 93-851 Johns & Jasapas [2016] FamCA 471 Johnson v Johnson (No. 1) (1999) 26 Fam LR 475 Kennon v Kennon (1997) FLC 92-757 Kildea v Kildea (2007) 38 Fam LR 347 Kolar & Kermit [2019] FCCA 817 Kowaliw and Kowaliw (1981) FLC 91-092 Kowalski and Kowalski (1993) FLC 92-342 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Lee Steere and Lee Steere (1985) FLC 91-626 M and M (1988) FLC 91-979 Manolis v Manolis (No 2) [2011] FamCAFC 105 Marvel v Marvel (2010) 43 Fam LR 348 Mayne & Mayne (2011) FLC 93-479 Mazorski & Albright (2007) 37 Fam LR 518 Mynatt & Siddall and Anor [2020] FamCA 40 Omacini and Omacini (2005) FLC 93-218 Phillips and Phillips (2002) FLC 93-104 Pierce v Pierce (1999) FLC 92-844 Robb and Robb (1995) FLC 92-555 Rodgers & Rodgers (No 2) (2016) FLC 93-712 Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co (1901) AC 373 Sigley v Evor (2011) 44 Fam LR 439 Spencer v Commonwealth (1907) 5 CLR 418 Stanford & Stanford (2012) 247 CLR 108 Stott & Holgar [2017] FamCAFC 152 Townsend and Townsend (1995) FLC 92-569 Trevi & Trevi (2018) FLC 93–858 VR & RR (2002) FLC 93-099 Watson & Ling (2013) FLC 93-527 Way and Way (1996) FLC 92-702 Zaruba & Zaruba (2017) FLC 93–776
Number of paragraphs:	617
Date of hearing:	9-13 November 2020
Place:	Sydney by video web conference
Counsel for the Applicant:	Mr Finch
Counsel for the Respondent:	Mr O’Brien
Solicitor for the Respondent:	Russell Kennedy Aitken Lawyers
Counsel for the Independent Children's Lawyer:	Ms Shea
Solicitor for the Independent Children's Lawyer:	Delaney Lawyers

SYC 3842 of 2018
IN THE MATTER OF GIUNTA
BETWEEN:	MR GIUNTA Applicant
AND:	MS GIUNTA Respondent
DELANEY LAWYERS Independent Children's Lawyer

ORDER MADE BY:	MCCLELLAND DCJ
DATE OF ORDER:	7 MAY 2021

ASSETS
Ownership			Description	Value
1		Husband	Motor vehicle 2	12,900
2		Husband	CC Bank Savings Zero Account #...94	3,100
3		Husband	CC Bank QSaver Account #...30	160,292
4		Husband	Caravan received by way of inheritance	15,000
5		Wife	GG Bank Flex Account (#...22) £8,536	16,193
6		Wife	Motor vehicle 3	3,000
Total			$210,485
ADDBACKS
Ownership			Description	Value
7	Husband		Sale proceeds of car	200
8	Husband		Boat – Proceeds of sale	20,000
Total			$20,200