Hamill & Hamill

The case of *Hamill & Hamill* concerned a dispute between a mother and father regarding their children's living arrangements and the division of their property. The court was required to determine the best interests of the children, specifically in relation to the mother's proposed relocation, and to assess the financial and parenting contributions of each party for the purposes of property settlement, including the treatment of superannuation.

The court's primary focus in relation to the children was to ensure their best interests were met, particularly by maintaining meaningful relationships with both parents. This involved evaluating the proposals put forward by each parent and making orders that facilitated a graduated increase in the children's time spent with the father. In terms of property, the court considered various contributions made by the parties, both during the relationship and post-separation, and addressed specific issues such as "add-backs" of certain funds and the division of superannuation interests.

The court ordered that parental responsibility be shared equally. The mother was restrained from relocating the children outside the Australian Capital Territory without the father's consent, and the children were to live with the mother. However, the orders included a phased increase in the time the children would spend with the father, culminating in the children living with the father from July 2010. Regarding property, the court ordered a division of assets, excluding superannuation, with the wife receiving 55% and the husband 45%. Specific arrangements were made for the sale of a property in Queensland, the transfer of vehicles, and the discharge of mortgages. The wife's application for spousal maintenance was dismissed. The court also made specific orders for the division of the husband's superannuation benefits.