JANEIRO & JANEIRO

This case concerned parenting and property disputes between a husband and wife. The parties agreed that their child would live with the mother and that they would share equal parental responsibility. The primary dispute regarding the child concerned the father's time with the child, with no concerns raised about the risk of harm in either party's care. In relation to property, the wife sought a 65% distribution in her favour, while the husband's proposed orders would result in a 55% distribution to him. Both parties contended that joint funds used by the other post-separation should be added back as a premature distribution or dissipation of assets, and both provided inadequate financial disclosure.

The court was required to determine the appropriate parenting arrangements for the child, specifically the father's time with the child, and to make orders regarding the division of the matrimonial property. The court also had to consider the parties' respective claims regarding contributions, the weight to be given to initial contributions, and the treatment of funds expended post-separation.

Hannam J adopted the proposals put forward by the Independent Children’s Lawyer for the parenting orders, which detailed specific arrangements for the child's time with the father, including during school terms and holidays. In relation to property, the court ordered the sale of the K Street property, with the net proceeds to be divided equally between the parties. The wife was declared the sole owner of certain motor vehicles, while other vehicles and equipment were to be sold with the proceeds also divided equally. The husband was to retain the D Street property and specific items of plant and equipment, provided he paid the wife a sum of $1,160,335. In default of this payment, the D Street property was to be sold, with the proceeds distributed in a specified manner between the parties.