KAVAN & HAWKINS

The case of *Kavan & Hawkins* concerned parenting and property disputes between the parties, with the decision being made by Faulks DCJ. The parenting orders addressed the equal shared parental responsibility for the children, B and C, their living arrangements with the mother, and detailed specific times the children would spend with the father, including during school terms, holidays, and on significant dates. The property orders involved the transfer of real property, the discharge of mortgages, the distribution of sale proceeds, and the division of other assets, including company interests and superannuation.

The court was required to determine the specific arrangements for the children's time with each parent, ensuring the children's best interests were paramount. This included establishing a detailed schedule for contact, addressing potential conflicts arising from the father's work commitments, and outlining communication protocols between the parents. In relation to property, the court had to divide the parties' assets and liabilities, including real estate, bank accounts, and superannuation interests, in a manner that was just and equitable.

In making its parenting orders, the court applied the principles of the *Family Law Act 1975* (Cth), particularly concerning equal shared parental responsibility and the children's best interests. The detailed schedule for the children's time with the father reflected a careful consideration of the practicalities of their living arrangements and the father's availability. The property orders were made pursuant to various sections of the *Family Law Act 1975* (Cth), including provisions relating to property settlement and spousal maintenance. The court's reasoning in dividing the property appears to have aimed at achieving a final and comprehensive resolution of the parties' financial affairs, including specific provisions for the transfer of property, discharge of debts, and division of superannuation.

The court made extensive orders regarding parenting and property. In parenting, all prior orders were discharged, and the parents were granted equal shared parental responsibility, with the children to live with the mother and spend specified time with the father. The property orders included the transfer of a property to the applicant, the discharge of a mortgage, the distribution of sale proceeds, and specific arrangements for superannuation splitting and spousal maintenance. The court also made orders regarding company structures, bank accounts, and the indemnification of liabilities.