Han and Kwok

This matter concerned parenting orders and property division between the parties, Han and Kwok, heard by Judge Small. The dispute involved the arrangements for their child, [X], and the division of assets following their separation.

The court was required to determine appropriate parenting orders for the child, including living arrangements, time spent with each parent, and responsibilities concerning the child's education. Additionally, the court needed to make orders for the division of the parties' property, including the distribution of funds from the sale of a property and the allocation of other assets and liabilities.

Judge Small discharged previous parenting orders and made new orders for shared parental responsibility, with the child to live with the husband and spend significant time with the wife, detailing specific arrangements for school terms, holidays, and special occasions. The court also made orders regarding the child's secondary education, with the wife having sole decision-making power and responsibility for fees, subject to a condition for state school attendance if private fees could not be met. In relation to property, the court found that contributions to the acquisition, conservation, and improvement of property should be allocated 55 per cent to the husband and 45 per cent to the wife, primarily due to the husband's greater initial financial contributions. The court then made detailed orders for the division of specific assets, including funds from the sale of Property A, and specified how Property B would be dealt with if necessary payments were not made. The court also addressed the retention of other assets by each party and included provisions for injunctions and the appointment of a Registrar to sign documents if a party failed to comply with the orders.