Jervis and Band

This matter concerned orders made by Judge Phipps regarding children and property. The dispute involved the mother and father's parental responsibility and living arrangements for their two children, as well as the division of their property, including a superannuation entitlement.

The court was required to determine the terms of parenting orders, including equal shared parental responsibility, the children's living arrangements, and the specific times the children would spend with each parent. Additionally, the court needed to make orders for the division of the net proceeds of sale of a property and the allocation of a superannuation entitlement between the parties, including the mechanism for splitting splittable payments from the superannuation fund.

In relation to the children, the court ordered equal shared parental responsibility and that the children live with the mother, with detailed provisions for the children to spend time and communicate with the father. The court also made orders restraining both parties from denigrating each other in the presence of the children. Regarding property, the court ordered a specific division of the net proceeds from the sale of Property M, calculated by adding retained property values to the net proceeds and then applying percentages. The court also made detailed orders concerning the respondent's superannuation entitlement, allocating a base amount to the applicant and specifying how splittable payments would be made, including the operative time for these orders and the roles of the Trustee and the parties in facilitating the split. The court further ordered that each party be solely entitled to their respective superannuation and other property, with provisions for indemnification against liabilities.