HASHIM & HASHIM

In the matter of *Hashim & Hashim*, Ryan J of the Family Court of Australia determined property settlement and parenting orders concerning the parties, Mr and Ms Hashim. The dispute involved significant conflicts in evidence regarding financial contributions and the valuation of the former matrimonial home, which the court found could only be resolved through its sale. The court also addressed parenting arrangements amidst a hostile parental relationship, with allegations of family violence and aggressive behaviour by the father.

The court was required to determine the division of the parties' property, including the valuation and sale of their former matrimonial home, and to make parenting orders that best served the interests of the children, H and A. Key issues included assessing the parties' financial and non-financial contributions to the marriage, considering the s 75(2) factors of the *Family Law Act 1975* (Cth) for property adjustment, and establishing a parenting regime that acknowledged the children's relationship with both parents while addressing the father's anger management issues and the mother's primary caregiving role.

In relation to property, the court found both parties' evidence unreliable and the valuation evidence problematic, necessitating the sale of the former matrimonial home to determine its value. The court assessed contributions, noting the father's initial financial advantage but finding the mother's subsequent financial and homemaker contributions, along with her primary responsibility for the children, to be greater. Considering the s 75(2) factors, including the disparity in earning capacity favouring the mother, her continued primary responsibility for the children, and her significant superannuation assets, the court ordered a 66/34 per cent split of the net property pool in favour of the mother. For parenting, the court discharged prior orders and granted the mother sole parental responsibility, with the children to live with her. Time spent with the father was ordered to incrementally increase, contingent upon his continued engagement in anger management and behavioural change therapy, with specific conditions and reporting requirements to be met before a more substantial increase in time could be implemented. The court also made orders regarding the sale of the property, including provisions for its sale by public auction, potential purchase by either party, and the distribution of proceeds, with the mother to pay all outgoings and receive exclusive occupation pending sale.