Giunta & Giunta (No. 3)

This case involved parenting and property disputes between Mr. Giunta (the Applicant) and Ms. Giunta (the Respondent). The primary parenting dispute concerned whether the children should live with each parent on an equal basis or spend substantial and significant time with one parent, and whether equal or sole parental responsibility should be ordered. The property dispute concerned the settlement of the parties' marital assets, including the impact of family violence on the assessment of contributions. The matter was heard by McClelland DCJ.

The court was required to determine the best interests of the children, specifically regarding their living arrangements and the allocation of parental responsibility, considering a high degree of parental conflict and the impact of family violence on parenting capacity. In relation to property, the court needed to assess the parties' contributions, consider the impact of family violence under the principles established in *Kennon*, and make appropriate adjustments to the property division.

McClelland DCJ ordered that the mother have sole parental responsibility for making major long-term decisions concerning the children, with both parents sharing responsibility for day-to-day decisions. The children were ordered to live with the mother and spend five nights per fortnight with the father, with specific arrangements for school terms, holidays, and special events. In the property division, the court ordered an adjustment of 8 per cent in favour of the wife, applying the *Kennon* principle due to the impact of family violence perpetrated by the husband, including extensive surveillance. This resulted in an overall property adjustment of 55 per cent in favour of the wife and 45 per cent in favour of the husband. The court also made orders regarding the sale of the parties' property, the division of household contents, and superannuation entitlements.