Hopley & Hopley

Stevenson J made parenting and property orders concerning the parties and their children. The dispute involved the division of assets and the arrangements for the children following the parties' separation.

The court was required to determine appropriate parenting orders for the children, specifically considering the principles of equal shared parental responsibility and the child's best interests under section 60CC of the Family Law Act 1975. This included assessing the likely effect of changes in the children's circumstances and the practical difficulties and expenses associated with spending time with each parent. The court also had to make orders for the division of the parties' property, including the sale of a property, the transfer of another property, and the splitting of superannuation interests.

In relation to parenting, Stevenson J found that both parties were able and willing to facilitate a close and continuing relationship between the children and the other parent. The court considered the expert recommendation regarding the child's time with his father, noting that a gradual change was not recommended. The judge also considered the potential benefits of the child spending time with his father and extended family, and the practical arrangements the father could make for the child's care during school holidays. For property, the court ordered the sale of one property with proceeds distributed to cover sale costs, legal costs, a mortgage, and then a 60% entitlement to the wife and the balance to the husband. The wife's interest in another property was to be transferred to the husband, who would indemnify her against the mortgage. The wife's interests in a joint bank account and an AMP policy were to be transferred to the husband. The husband's superannuation was to be split, with the wife receiving a determined base amount. Other assets were to remain with the party in possession, and funds held by the wife's solicitors were to be applied to capital gains tax payable by the husband and then distributed 60% to the wife and the balance to the husband.