KIRBY & HODGSON

This matter concerned parenting and property disputes between a husband and wife, heard by Judge Phipps. The primary dispute revolved around the future care arrangements for the parties' three children, X, Y, and Z, and the division of their assets.

The court was required to determine issues relating to parental responsibility, the children's living arrangements, and the extent of time the children would spend with each parent. Additionally, the court had to address the division of various properties, including two specific properties, shares, a motor vehicle, and a company, along with associated liabilities and financial obligations.

In relation to the children, the court ordered that the wife have sole parental responsibility and that the children live with her in Victoria, with specific provisions for the children to spend time with the husband in New South Wales and Victoria, as well as regular electronic communication. The husband was ordered to pay for the children's travel to New South Wales and to attend counselling with the children. The court also made orders regarding school functions, communication about the children's health, and injunctions against physical discipline and denigration of the other parent. The order for an Independent Children's Lawyer was discharged from a specified date, and an airport watch list order remained in effect.

Regarding property, the husband was ordered to pay the wife $100,000 by a specified date, contemporaneously with the transfer of the wife's interest in two properties to the husband, who was also to discharge the mortgage and indemnify the wife against any liability. In the event of non-payment, the properties were to be sold, with proceeds applied first to sale costs, then to discharge the mortgage, then to the outstanding payment to the wife with interest, and any balance to the husband. Each party was to retain shares in their own name, the wife her motor vehicle, and the husband sole ownership of the company, with the husband indemnifying the wife against all company liabilities and his credit card debts. Each party was otherwise entitled to superannuation and other property in their possession.