Hills and Caldwell (No 2)

In *Hills and Caldwell (No 2)*, Rees J of the Family Court of Australia considered parenting and property matters between the parties. The parenting dispute involved arrangements for three children, with a particular focus on communication between the parents, which had improved since their separation. The property dispute concerned the division of assets, including a jointly owned property and superannuation interests, following a marriage where initial contributions were not significant but contributions during the marriage were considered equal, save for a gift to the husband.

The court was required to determine appropriate parenting orders for the children, specifically addressing parental responsibility and time arrangements, taking into account the parents' improved communication and ability to agree on long-term issues. In relation to property, the court needed to assess the contributions of each party during the marriage and post-separation, and consider whether any adjustments were warranted under section 75(2) of the *Family Law Act 1975* (Cth) to ensure a just and equitable division of the net property pool.

Rees J made orders for equal shared parental responsibility for the two younger children, with specific time arrangements detailed for weekdays, school holidays, and public holidays. No order was made regarding parental responsibility for the child nearing 16 years of age. In the property division, the court found the husband's post-separation contributions to be greater and assessed his share of the net property at 70 per cent, with the wife receiving 30 per cent. An adjustment of 10 per cent in favour of the wife was made under section 75(2) of the *Family Law Act 1975* (Cth). The orders also included provisions for the distribution of proceeds from the sale of a property, a superannuation split, and injunctions restraining denigration of each other and discussion of proceedings with the children.