HIGGINSON & HIGGINSON

In the Family Court of Australia, Mr. Higginson (the applicant) and Ms. Higginson (the respondent) brought proceedings concerning parenting arrangements for their two children and the division of their property. The court was required to determine appropriate parenting orders, including the presumption of equal shared parental responsibility, and to make orders for property settlement under section 79 of the *Family Law Act 1975* (Cth).

The legal issues before the court included whether the presumption of equal shared parental responsibility applied, given the parties' difficulties in agreeing on holiday time, and how to assess the parenting capacity of each party. In relation to property, the court needed to determine the contributions of each party, formulate the asset pool considering significant debt, and consider the factors outlined in section 75(2) of the *Family Law Act 1975* (Cth), including the health and future earning capacity of the parties.

The court found that equal shared parental responsibility was appropriate, ordering that the parties share equally in making major long-term decisions concerning the children, while the parent with whom the children were living at the time would have sole responsibility for day-to-day decisions. Specific time arrangements were detailed for the children to spend with each parent, including during school terms, short and long school holidays, and special occasions. Regarding property, the court determined that while the husband's initial contribution was higher, the wife's subsequent contributions were more significant. After considering all relevant factors, including the parties' health and significantly differing earning capacities, the court adjusted the property settlement by 5% in the wife's favour, resulting in a division of 57.5% to the wife and 42.5% to the husband. The final orders included the wife paying a sum to the husband, the retention of specific assets by each party, and the sale of various properties.