Lake & Karter

In this matter before Benjamin J, the parties, Ms Lake (the mother) and Mr Karter (the father), sought orders concerning their child, born in July 2000. The dispute encompassed both parenting arrangements and the division of property. The court was tasked with determining the living arrangements for the child and the equitable distribution of the parties' assets.

The legal issues before the court included the determination of equal shared parental responsibility and the specific time the child would spend with each parent, considering the child's best interests. Additionally, the court was required to address property settlement, specifically the principles to be applied when exercising discretion to "add back" funds expended by a party post-separation, and to determine the final division of the parties' assets, including the family home.

Benjamin J applied the principles of the *Family Law Act 1975* (Cth), focusing on the paramount consideration of the child's best interests as outlined in section 60B. The court considered various factors relevant to parenting arrangements, including the parents' capacity to communicate, the child's wishes, and the need for stability. In relation to property, the court considered contributions and the appropriate method for distributing assets, including the family home and other possessions.

The court made orders for equal shared parental responsibility and a specific schedule for the child's time with each parent during school terms and holidays. In terms of property, the father was ordered to pay a sum to the mother within ninety days, with provisions for the transfer of the family home and the discharge of the mortgage. Other assets and debts were allocated between the parties, with specific indemnities and provisions for the sale of the property should the father be unable to meet the payment obligation.