KADAM & SAXENA

The case of Kadam & Saxena involved a dispute between a husband and wife concerning parenting arrangements and property settlement. The orders were made by Benjamin J. The primary dispute revolved around the living arrangements and parental responsibility for the parties' two children, born in 2008 and 2010, as well as the division of their matrimonial assets.

The court was required to determine the appropriate orders regarding the children's residence, time spent with each parent, and parental responsibility. Additionally, the court needed to make orders for the division of property, including the former matrimonial home, contents of a safety deposit box, and other assets and liabilities, and to address spousal maintenance. The court also had to consider the implications of these orders under the *Family Law Act 1975* (Cth), including provisions for passport applications and overseas travel for the children, and the consequences of contravening the orders.

Benjamin J made orders that the children would live with the wife and spend time with the husband by agreement. The wife was granted sole parental responsibility for the children, with liberty to apply for passports and to take the children on overseas holidays for periods not exceeding six weeks per holiday until they turned thirteen. The court ordered the husband to transfer his interest in the former matrimonial home to the wife, who was to refinance the mortgage and indemnify the husband. The wife was also entitled to the contents of a joint safety deposit box. The orders stipulated that each party would retain their own property and be solely liable for their own debts, severing any joint tenancies and foregoing claims to each other's superannuation. These property orders were deemed a full and final settlement of the wife's claims for property settlement and spousal maintenance. The court also appointed a Registrar to execute documents if a party refused to do so, and dismissed all outstanding applications.