Keirn & Moxey

Rees J considered applications by the husband and wife concerning property adjustment and parenting arrangements. The parties had previously entered into an agreement under New Zealand law regarding their assets. The dispute involved the division of their joint assets, including a property in the UK held in the wife's sole name, and the establishment of a childcare fund. The parenting dispute concerned the father's application for equal shared time with the parties' two children, aged seven and four, which the mother opposed.

The court was required to determine the appropriate adjustment of property interests pursuant to s 79(2) of the Family Law Act 1975 (Cth), considering the parties' contributions and the nature of their assets, including the UK property. Additionally, the court had to consider the best interests of the children under s 60CC of the Family Law Act 1975 (Cth) when determining the parenting orders, specifically regarding the father's application for equal shared time.

In relation to property, the court adopted an asset-by-asset approach, deeming the UK property held in the wife's sole name as separate from the main asset pool. The court found insufficient evidence to support the husband's asserted contributions to the marriage. An amount of $36,000 was set aside from joint funds for a childcare fund, with the wife retaining the UK property and the remaining assets to be divided equally between the parties. For parenting, the court made orders for the children to spend time with the father in a graduating arrangement, culminating in six nights per fortnight and half of all school holidays, and permitted the mother to travel overseas with the children.