HARDWICK & O’SHANASSY

In the matter of HARDWICK & O’SHANASSY, Justice Fowler of the Family Court of Australia considered disputes between the parties concerning their child and property settlement. The wife resided with the child in Ireland, and the proceedings addressed the arrangements for the child's time with the husband, who was in Australia, as well as the division of their assets.

The court was required to determine the best interests of the child in relation to time spent with each parent, considering the geographical separation between Ireland and Australia. Additionally, the court had to address property settlement issues, including the valuation and treatment of the wife's overseas superannuation entitlements, post-separation savings, and an inheritance received by the husband.

Justice Fowler's reasoning focused on establishing a practical and child-focused schedule for contact between the child and the husband, allowing for significant time during school holidays and alternate weekends during school terms, with provisions for travel arrangements and communication. In relation to property, the court ordered the distribution of proceeds from the sale of the former matrimonial home, a payment from the wife to the husband, and a division of the husband's inheritance, awarding the wife 10% of that sum. The court also declared each party the sole beneficial owner of their respective superannuation entitlements.