KELLOGG & FORTUNE

In the matter of *Kellogg & Fortune*, heard before Hartnett J, the dispute concerned parenting and property settlement arising from a de facto relationship between the parties, who had two children. The respondent failed to participate in the proceedings, leading the matter to proceed undefended.

The court was required to determine issues relating to sole parental responsibility for the children, their living arrangements, and the extent of their time and communication with the father. Additionally, the court had to consider the applicant's claim for a property settlement under s 90SM of the relevant Act, taking into account the respondent's non-participation and the factors outlined in s 90SF(3) of the Act.

Hartnett J found that the children should live with the mother and spend time and communicate with the father as previously agreed in writing between the parents. In relation to property, the court determined that contributions at the commencement of the relationship were equal. Applying the factors under s 90SF(3) of the Act, which favoured the applicant due to the respondent's non-participation, the court made orders for property settlement in favour of the applicant.